PERSONAL AND SUBJECT MATTER JURISDICTION

You can convert the Motions into Affidavits but the Motions covered in the course are
valuable as they show you the flaws of the procedure that they are using against you such
as Motion to Dismiss For Lack of Personal Jurisdiction, Motion to Dismiss For Lack of
Subject Matter Jurisdiction, Motion to Dismiss For Failure to Issue Process, Motion to
Dismiss For Insufficiency Of Process, and Motion to Dismiss For Failure To State. Cause
of Acton. All of what is in the Motions module is powerful and can be incorporated into
your Affidavit of Fact!

I decline to plea as there is NO adversary, as the alleged plaintiff is a Fictitious litigant,

and there exists no probable cause stated by a man or woman; nor is there a verified
claim before the court from a man or woman claiming harm and damage due to the
causation of anything I allegedly did or did not do. So, there exists no litigant nor cause
of action before this court to plea to!

I never let the Judge/Magistrate claim Personal or Subject Matter jurisdiction, which they
need to hear any matter. I attack the fraud of the process and the fraudster [Attorney] who
initiated. And I do it all in Affidavit and challenge them to rebut me, which they never do.

YES! Listen, there are only CRIMINAL or CIVIL actions. In a Criminal Action there
must exist Probable Cause, which means an actual crime involving a man or woman that
had a right violated or was damaged due to the direct causation of something you
allegedly did, or did not do. That required element does not exist in this matter! For a
Civil Matter to exist, there must be a VERIFIED COMPLAINT/CLAIM before the
Court, that must have been served against the accused party by a Process Server, which
will bring the Complaint/Claim with a Summons to Court attached. That is the ONLY
way a Court can attempt to gain PERSONAL jurisdiction over you. Also, the matter is
filed in the name of a Corporate Fiction the STATE OF UTAH. Well the STATE OF
UTAH can't make claims and do things, so the ATTORNEY or JUDGE filed that
document against you in the name of a FICTION, which not only deprives that Court of
SUBJECT MATTER jurisdiction, it's FORGERY, COUNTERFEITING, FRAUD,
SECURITIES FRAUD, and BARRATRY! Courts MUST HAVE both PERSONAL and
SUBJECT MATTER jurisdiction in a matter or they can't hear the matter!

He never had jurisdiction over you from the start. Subject matter jurisdiction can be
challenged at any time, even after the case ends! If there's no party with STANDING
there is no subject matter jurisdiction!

Even in their twisted ass system I found court cases that state when a cause of action is
created by a Statute, which means everything they do, there must be a party with
STANDING. No standing, no subject matter jurisdiction. Then you can also attack

 PERSONAL jurisdiction. As a court can only attempt to gain Personal jurisdiction with
proper Service of Process. A letter in your mail was not proper Service of Process!

Yes, you go back and challenge Subject matter jurisdiction. No party with STANDING
claiming an injury, there's no subject matter jurisdiction and the Court can't hear the
matter!

When subject matter jurisdiction is challenged, the proceeding must stop until it's proven!
Where is the party with STANDING who has been harmed or damaged due to the direct
causation of something you allegedly did or did not do?!

File a motion to dismiss for lack of subject matter jurisdiction, and a second motion to
dismiss for Failure To State a Cause of Action and cite your affidavit of Status and
Affidavit of Fact in both motions, and turn the motions into a Declarations by using the
1746(1) language I use at the end of most of my paperwork. State in the motions that
there is no party with Standing, and no party with personal knowledge of the matter,
therefore no qualified witnesses.

State that you are there by Special Appearance to challenge Jurisdiction, as you see no
evidence the Court has either the needed Personal and Subject Matter Jurisdiction to hear
the case. Stress you have unrebutted Affidavits before the Court that addresses this
matter. Then ask if the Judge allows HEARSAY in his court, and make him give you an
answer. He will have to say NO, then you say, Sir, I move this Court to Strike
EVERYTHING submitted by the Attorney and EVERYTHING said by the Attorney, as
he has NO PERSONAL KNOWLEDGE of anything making everything he submitted or
stated HEARSAY!

If you read about PERSONAL jurisdiction the case law is clear, Proper Service of
Process must be given, that means a Process Server hands you the complaint and a
Summons. If that didn't happen the Court doesn't have PERSONAL jurisdiction. Also,
case law is also very clear, that if a Statute creates a Cause of Action, WHICH IT
ALWAYS DOES, there must be a party with Standing, and Standing means that a party
suffered damages directly caused by something you did or did not do. Without a party
with Standing the Court is denied Subject Matter jurisdiction. Courts MUS MUST MUST
have both Personal and Subject Matter Jurisdiction or they can't hear the case!

But you don't even have to start from that point, ask, who on the other side is claiming
they have Standing in the matter to grant the Court Subject Matter Jurisdiction? If they
state that a FICTION is the party with Standing, say, well I'm going to have to question
the Plaintiff directly to ask how I harmed or damaged them, is the Plaintiff here now?! Of
course IT'S not, so then state, I Move this Court to dismiss for lack of both Personal and
Subject Matter Jurisdiction in this matter. The Plaintiff is a FICTION which is FRAUD!

 NO such thing as moving the court to Common Law, but you can assert the principles of
Common Law that are actually supported in many of the Statutes. You can question the
Court's Personal Jurisdiction and Subject Matter Jurisdiction, and Subject Matter can be
challenged at ANY time! Subject Matter has to do with having a real party with Standing
to bring the case, Personal has to do with jurisdiction over the Person/Man.

Three separate MOTIONS supported by the Affidavits. 1) Motion to dismiss for lack of
Personal Jurisdiction, 2) Motion to Dismiss for lack of Subject Matter Jurisdiction, 3)
Motion to Dismiss for failure to state a cause of action.

AN IMPORTANT WORD ON JURISDICTION, AS MANY SEEM CONFUSED AS TO

HOW JURISDICTION IS ESTABLISHED. All of these courts are INFERIOR COURTS
that can only gain Jurisdiction through the sufficiency of your Adversaries Pleading. The
Court first tries to establish PERSONAL Jurisdiction through Service of Process. That is
when a man actually shows up at your door and Serves you, it is NOT a letter in the mail!
Now, even that can be challenged. The second type of Jurisdiction the Court needs is
SUBJECT MATTER Jurisdiction. The Court can only get that if there is a Valid Cause of
Action before the Court, meaning a Party that suffered an injury, either physical or
monetary, due to the direct causation of something you allegedly did or did not do. It's
better known as Standing! If the Court can't establish either personal or subject matter
jurisdiction, they cannot hear the matter! Also, THE ONLY WAY your Adversary can get
evidence onto the record is through the TESTIMONY of a witness! No witness, no case!

If you were never served to by a party in that hearing that generated that court order, that
order is a nullity because the court never established it had PERSONAL or SUBJECT
MATTER Jurisdiction. AND, it sounds like there was a hearing that you were not a party
to, yet they were making decisions about your property, that can be considered a
Violation of Due Process and an Ex-Parte hearing!

It depends on the basis of your counterclaim. You can challenge Subject Matter
Jurisdiction at any time and lack of subject matter jurisdiction can be an element of your
counterclaim. If you have the two cases running concurrently, you can file a motion to
Dismiss for lack of subject matter jurisdiction OR better yet, provide the other side an
affidavit demanding they provide you evidence of their Standing to have filed the suit,
also address any other flaws in their suit. Give them 20 days to answer, if you can, and
when they don't answer you, file a motion for default judgement, supported by your
unrebutted affidavit. Now the Court has a problem because it's not just a motion that can
be easily dismissed, it's supported with an Affidavit that you can later be entered into the
court record as testimony and facts.

Randy K kelton, [01.06.21 10:48]

[In reply to Mike]

If the citation does not address the element of commercial transportation, challenge
subject matter jurisdiction as the charging instrument is insufficient on its face to invoke
the subject matter jurisdiction of the court.

Alphonse Faggiolo, [01.06.21 10:55]

[In reply to Randy K kelton]
Exactly! First two things you challenge in any matter is Personal Jurisdiction and Subject
Matter Jurisdiction. These are Inferior Courts and can only gain jurisdiction through the
sufficiency of the Plaintiff's pleading to the court. The easiest to attack right out of the
gate is lack of Personal and Subject matter jurisdiction.

Alphonse Faggiolo, [01.06.21 11:13]

[In reply to PaineRising21]
Subject matter jurisdiction is a bit trickier, yet there is established Pennsylvania court
rulings that state, if a Cause of Action is created by a Statue, which most all are, then
there must be a party with Standing in the matter. Then it goes on to specify what
standing is, that a party must be affected due to the direct causation if something the
defendant did or did not do. Subject matter jurisdiction also has to do with failing to state
a cause of action for which the court can grant relief. So as Randy stated if the face of the
ticket/citation fails to state the necessary elements to prove you violated that statute, then
it is insufficient and you can challenge lack of subject matter jurisdiction of the Court,
because the alleged plaintiff failed to plead the proper elements

Subject matter jurisdiction has to do with the court's ability to hear that legal matter and
is tied to the sufficiency of the pleading that brought the suit about. SMJ is closely tied to
the Standing if the party bringing the suit, as they have to have legal right to bring the
suit, which is usually brought about by suffering harm it damage due to the correct
causation if something you did or did not do.

Subject matter Jurisdiction can be challenged at any time and if process of service wasn't
initiated properly, then the court is denied personal Jurisdiction. So they would be your
two motions. Motion to Dismiss for lack of subject matter Jurisdiction. Motion to
Dismiss for lack of Personal Jurisdiction. Go onto Google Scholar and search cases in
your state for Personal Jurisdiction and Subject matter Jurisdiction and see what they say.
In PENNSYLVANIA I found 4 cases that said if service of process is flawed, the court
lacks personal Jurisdiction!

You have to Submit an OBJECTION to that ruling and state pursuant to the COMMON
LAW, you have a 6th amendment right to face your accuser if it is a Criminal action, and
a 7th amendment right to to a trial by jury and to question your accuser if it's a civil
matter. J. Michael King is not your accuser as he is not a witness and has no standing, nor
has he even provided evidence of a Principal that hired him, and you are entitled to
question that Principal that directed King to file this action against you. As to your

 Affidavit of Status it goes to the core of both Personal Jurisdiction and Subject Matter
Jurisdiction and serves as out of court TESTIMONY that you intend to read into that
Court record the next time you appear in that matter. For the Court to claim that they can
deny you the right to offer Testimony is a violation of Due Process of Law, constitutes
State and Federal Crimes, and is a violation of the States Judicial cannons that bind the
Judge. The Affidavit of Fact, again is out of court TESTIMONY that you WILL testify to
and read into the court record. Again, claiming that your TESTIMONY of facts is a
denial of due process, constitutes crimes, and violates the judge's Judicial cannons. As to
the Fee schedule, every man is entitled the fruits of his labor, which includes his time.
The Judge is being paid to be there, the Attorney is being paid to be there, and it's only
equitable that YOU will be paid to be there!

Then, immediately, go file a Judicial Complaint against that Judge, and file a State
criminal complaint against the judge for OFFICIAL OPPRESSION, or your states
version of official Oppression. Then see what happens!

You make your record. Let them screw you over, which they will do! Don't worry about
it, you just build your record. You need to learn about filling motions to Dismiss for lack
of Personal Jurisdiction and Subject matter Jurisdiction. Every time they screw you over
they just open the door wider for when you sue them in Federal District Court. Start out
by doing and reading your state criminal code and go file separate criminal complaints
for each violation and you'll find many. Those criminal complaints get filled with the
District Attorney for your County. Then go file a BAR Grievance against the Attorney
and Judicial be complaint against the Judge. Start going on offense like that and see how
the tables start to turn because now you're screwing with their careers. This stuff takes
time to learn but that's the price of freedom. We'll help you along the way but you gotta
do the leg work. So your homework assignment is go read your state criminal codes and
write down every one they violated. That's where you will gain your confidence and start
to take control!

You don't want to move the matter to any court, you want to Motion it away by using
three main motions. Motion to Dismiss for lack of Personal Jurisdiction, motion to
Dismiss for lack of subject matter jurisdiction, and motion to Dismiss for failure to state a
cause of action.

You can challenge Subject matter jurisdiction even after the case is over! When you
appear, if you don't understand how but to appear, you have a SPECIAL APPEARANCE
to challenge Jurisdiction. That's exactly what a special appearance is for!

No, no,. no, you've got a lot of wrong throughout your statement. The BAR doesn't have
copyright to anything, complete Patriot mythology nonsense! You file two Motions, 1)
Motion to Dismiss for lack of Personal Jurisdiction and 2) motion to Dismiss for lack of
Subject matter jurisdiction. Then go get the motions notarized in the form of an affidavit,

 and submit them to the Court and to the alleged Plaintiff. Then if Mr. Attorney answers,
which they always try and do, submit an Objection to the response because Mr. Attorney
has no personal knowledge and cannot speak against you for a corporate fiction. Then go
file multiple Criminal complaints with the District Attorney. And actually when you
submit your motions, the other side has 20 days to respond, so draft your criminal
complaints up during that time. As soon as the Attorney responds, that day, submit your
criminal complaints to the District Attorney and be sure to submit copies of them into the
Court docket, and for real fun, send copies to the attorney so he knows there's a black
cloud over his head now!

I've created Motions to Dismiss for people with PUBLIC defenders, basic boiler plate
stuff such as motion to Dismiss for lack of Personal and Subject matter jurisdiction, and
when the people gave them to the PD to subunit to the Court, the PDs have said, I can't
submit that or I won't submit that, because God forbid the PD takes their cash cow away
from them!

Good choice on taking the course, now throw all of that ALL CAPS NAME nonsense
away, it's absolutely meaningless. I would file 3 motions to Dismiss 1) lack of Personal
Jurisdiction, 2) lack of subject matter jurisdiction, 3) failure to state a cause of action for
which the court can grant relief. Then immediately file a BAR Grievance against the
Attorney, and go read your criminal codes and start making a list of the crimes that
attorney committed.

Yes, the Motion to Strike and you can also do a MOTION to Dismiss for lack of subject
matter jurisdiction. And get the criminal complaints in and let the Offenders know that
you filed those. That may halt them.

Also, state on your paperwork that your paperwork serves as your special appearance and
that you dispute the Court's claims of Personal and Subject Matter jurisdiction.

There's specific case law in Pennsylvania that specifically states, standing is usually a
separate matter from subject matter jurisdiction, EXCEPT when the Cause Of Action is
created by Statute, then THERE MUST BE A PARTY WITH STANDING in the matter,
and the case goes on further to state that Standing means that there must be a party that is
directly affected in the matter.

Only the owner of a person with rights can maintain a Trespass. Does the county or
whoever is listed as the ALLEGED plaintiff, do they have ownership or rights to
ownership of the grocery store,?! NO Did you enter the property illegally? NO Were you
doing something illegal on the property? NO So there are no elements for a Trespass so
you file 1) motion to Dismiss for lack of personal Jurisdiction, 2) motion to Dismiss for
lack of subject matter jurisdiction, and 3) motion to Dismiss for failure to state a cause of
action upon which the court can grant relief.

 They always ask, do you understand? NOPE, I don't understand anything. I don't
understand who hired this Attorney, nor do I understand the nature and cause of the
charges, nor do I understand how this court believes it had personal or subject matter
jurisdiction to hear this alleged matter. Hearsay is not allowed in courts, yet everything
this Attorney has submitted and stated is hearsay, SO I DON'T UNDERSTAND HOW
YOU'RE PROCEEDING WITH ANY OF THIS!

You can challenge Subject matter jurisdiction at any time. So file a motion to Dismiss for
lack of subject matter jurisdiction. I can't do that for you, you have to learn how to do that
and what Subject matter jurisdiction is.

And you always ask, what evidence does this court have that they have Personal
Jurisdiction over me, a woman, and what evidence does this Court have that they have
Subject matter Jurisdiction over my Divorce? I believe, from the start, I've been a victim
of fraud and the crime of OFFICIAL OPPRESSION, through the use of Force, Threat,
and Duress.

File motions in the form of affidavits citing lack of Personal and Subject matter
jurisdiction. Then if they persisted I'd be tugging on their bond with a Title 42 Section
1983 suit!

You expose that through the Rules of Evidence (602), and through challenging Personal
and Subject matter jurisdiction. Go read Black's law term of Fictitious Plaintiff. It's a
crime to file a frivolous lawsuit, it's called Barratry.

Very different! The Summons is a Judicial process that issues when a verified complaint
is filled against you in a Court of law. In addition, an uninvolved 3td party must serve the
Summons. A Notice of hearing is an Administrative process for Inhabitants of the
Municipality, an inhabitant being a member of the corporation. Hence why when you get
sent a notice of hearing it violates numerous constitutional rights because they are
actually treating you as a member of their corporation. The mailing violates service of
process and deprives the court of PERSONAL Jurisdiction. This is how you attack the
hearing. In addition you distance yourself from the claim by attacking it, this deprives the
court of subject matter Jurisdiction.