April 26, 2005 ©Homer
Kizer
Printable File
Commentary — From the Margins
Real Issues
Keeping the Main Thing the Main Thing at Port Austin
Paul Drieman has become known for the expression, Keep the Main Thing the Main Thing, and the main thing at Port Austin is that four men signed a real estate purchasing agreement on April 28, 2004 (page 223) (page 224) (page 225) & (page 226). One of those men on September 17, 2004, Liber 1073 (page 62), (page 63), (page 64), & (page 65), without empowerment in law or by contract, refiled the real estate contract in his name alone, the refiled contract to supercede the initial contract. Of course there are side issues, none of which have bearing on the main thing. All of these side issues revolve around a sacred purpose trust indenture that Peter Kershaw was commissioned on April 7, 2004 to write, the commission calling for the four men to be trustees.
Peter Kershaw delivered a trust indenture with the four men named as trustees on or about April 20th, but the man who received this indenture, Norman Scott Edwards, concealed its delivery from the other three. So when the four men signed the Assignment of Land Contract and Purchasing Agreement recorded in Huron County in Liber 1048, (page 223) (page 224) (page 225) & (page 226) (herein identified as Liber 1048), the four men were identified as trustees, but were, in law, joint partners, for no trust indenture had yet been recorded. Yes, in law the four men were equal partners. By contract, the four men were equal partners. According to the establishing document for the Port Austin Sabbatarian Church Community, the four men were equals. But in a bad paraphrase of Animal Farm, the pig decided he was more equal than the other three. Thus, the pig directed Peter Kershaw to write a slimmed down trust indenture that could be used to commit fraud.
Peter Kershaw apparently was not aware of why he was being asked to write yet another indenture—he delivered at least three indentures to Edwards. Nor was he apparently aware of why Norman Scott Edwards in a telephone called initiated by Kershaw on August 20th at about 5:30 p.m. EDT so intensively questioned him about whether Kershaw was absolutely certain this new indenture could be filed with only one signature. Kershaw’s complicity in Edwards’ equal but more equal scheme seems innocent enough, but that determination will be made by the court as the main thing becomes the subject of first civil, then criminal litigation.
Edwards used his usurped authority to first evict Philip Frankford, one of the four equals, from Dorm 2, located on outlot B, part of the purchase described in Liber 1048. Next, Edwards used his usurped authority to demand a fifty day accounting of all of Paul Drieman’s activities—his demand had the effect of evicting Drieman, another of the four equals, from Dorm 1. Finally, Edwards evicted himself from the uninsured Dorm 3 by overloading the electrical circuits and starting a fire that endangered the lives of his guests.
But Edwards wasn’t finished evicting his equals. Following the fire in Dorm 3, Edwards moved into Terry Williams’ building, the last of the four equals that he would attempt to evict—and indeed, true to his arrogant form, Edwards has served Terry Williams with an eviction notice. Although acknowledging that he owes Williams more than $86,000 dollars, Edwards now wants Williams out of the building that Williams purchased. And this last act of super-equality will send Edwards packing, if not off to jail.
Fraud is difficult to prove. The barre to establish fraud is set justifiably high. But Edwards, as a high jumper using a glass pole, has sailed over this barre with enough clearance to even include a violation of the Cooperative Identity Protection Act (Act 310 of 1984), Michigan code 445.53. In addition, Edwards usurped the powers of the Port Austin Area Water and Sewer Authority, and has used this purloined authority to assess fines against water users who are not using enough water. The sheriff’s office has referred both matters to the prosecuting attorney’s office. There is only so much super-equality that can be tolerated by the Port Austin community.
Thus, as civil court cases proceed and criminal charges are developed, Edwards answered my request for W-9s with a curious letter in which Edwards asks "a few serious questions." He asks why I write what isn’t true, but he has asked this question ever since I wrote that Warwick Potts took an unlicensed, unregistered, and uninsured Ryder-type truck across state lines, the truck belonging to Terry Williams. Edwards insists the truck was only unlicensed, that it was registered and insured, but he is flatly wrong! The truck was titled to Williams, the transfer of the title made when Williams purchased the truck in the first part of May 2004. But Williams didn’t drive the truck home. Edwards did. And while Williams had courtesy insurance coverage on the truck for thirty (30) days, he was unable to insure the truck because it wasn’t available to him to have it inspected. Edwards was using the truck, making five round trips from Perry, Michigan, to Port Austin between June and August. Plus, the truck couldn’t be licensed until it was weighed…it wasn’t registered and licensed until on or about August 25, 2004. It was insured a few days before when it was available for inspection. Thus, for at least sixty days, the truck was on the road uninsured, unlicensed, and unregistered, with Edwards as its primary driver. It isn’t that I had my facts wrong. It’s that Edwards didn’t want to admit culpability to the independent Sabbatarian community that supports him with donations. Therefore, when Edwards now asks why I write things about him that are untrue, it isn’t that these things are untrue. Rather, it’s that they are harmful to him continuing to receive contributions so that he doesn’t have to do manual work.
The truthfulness of the statement that the Ryder-type truck was driven on public highways unlicensed, unregistered, and uninsured lies in the linguistic construct that the truck should not have been on the road. Admission of loaning to a second party an unlicensed vehicle that belongs to a third party is sufficient condemnation to support the inherent truthfulness of the statement. Everything beyond that becomes quibbling over perception for the eyes can deceive a person. One witness to a phenomenon will observe a slightly different event than another witness. Truth resides with God. Human beings operate on their perception of truth. Therefore, it is the main thing that always remains central to an issue—and the main thing here at Port Austin is established by the testimony of all witnesses. Even Edwards in his affidavit recorded in Liber 1085, pages 693-695, acknowledges that "The Three" as he calls Frankford, Drieman, and Williams had authority over him and over the SEE program.
The audacity of a person refiling partnership papers in only the person’s name is nearly too great to comprehend. The amount of contempt the person has for the other partners exceeds all bounds, and is aptly expressed in him evicting all three from the property they jointly purchased. The person is either mentally deranged, or a brazen thief. Edwards has to realize that his partners will seek legal redress…the purchasing entity of the contract for real property recorded as Liber 1048 is the Port Austin Sabbatarian Church Community, a Sacred Purpose Trust. But no sacred purpose trust was in place as of April 28, 2004; therefore, the four men identified on the signatory page as trustees in law jointly and not severally comprise the purchasing entity. The four must jointly dissolve the contract for real property before any one of the four can act without the other three’s agreement and signatures. And a Texas blowhard that would have one of these signatory parties possessing more equally than the other three needs to file suit for lousy legal instruction against the law school he has been attending.
The above means that since a Warranty Deed was given by Gary and Lori Babcock to the Port Austin Sabbatarian Church Community, a Sacred Purpose Trust, on August 30, 2004, Liber 1078 (page 110) and (page 111), two plus weeks before the more-equal pig rooted out his three equal partners and refiled the purchasing agreement with only his signature, fraud has become theft. For this more-equal partner took real property from his partners. This real property had been purchased with loans made to the partnership by Terry Williams, and by donations made to the partnership and deposited in Regions Bank, headquartered in Birmingham, Alabama. The dollar value of these donations was large, for the more-equal partner, to avoid paying troublesome tax liens, had the purchaser of a house he owned donate the purchase price to the partnership rather than give him a check. This more-equal partner thereby avoided paying those pesky tax liens that were about to catch him.
In Edwards’ letter to me, he says, "[I]t would be easier to resolve our problems if [I] would stick to the real issues than fictional ones." I suspect from his perspective that it would be better for him if I had not read Animal Farm. I wouldn’t then know that it was the pig that among equals was more equal than his peers. I wouldn’t then be tempted to use the referent or the allusion. Nor would I perceive a plot to defraud Terry Williams that goes back to December 2003.
But the real issue is the main thing—our problems will not be resolved until the bogus papers filed by Edwards on September 17, 2004, are legally voided. Until then, especially now that we are in court, the blows will come, one after another, each delivered in the pursuit of justice. Edwards is not a quitter. He will have to be defeated. But he prays to a god that told him it was all right to commit fraud, so he will lose to those who oppose him. However, it saddens me that this work must be undertaken. The persecution at Port Austin isn’t persecution, but the rooting of deception from within the Sabbatarian community. His vagueness was intentional [from his Jan 25, 2005 letter, middle of the page] is not the statement of a person who desires to walk upright before God.
No one here will leave without taking with him the stench of what has to be done. Shoveling stalls isn’t a pleasant job, especially if the stalls have housed guilts.
* * *
"Scripture quotations are from The Holy Bible, English Standard Version, copyright © 2001 by Crossway Bibles, a division of Good News Publishers. Used by permission. All rights reserved."