September 13, 2005 ©Homer Kizer
Printable File
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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