Adrian et. al. v. Manna Ministry Center et. al.

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    IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH DAKOTA F7l.EnJerome Adrian; Sonj a Adrian )

    ) Plaintiff, ) ) v. ))Manna Ministry Center (Fraudulent); )Hope Community Church; )New Haven; All Occupants; )Cadwell, Sanford, Deibert & )Garry LLP; 50 John & Jane Does; )Lincoln County (Sheriff, Register of )Deeds, Clerk of court) )KEVIN MYERS AND ESTHER, )MYERS, ))Defendants. )

    NO 1

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    land and property described as: Tract 1 of Adrian's Addition in the NE 14 ofSection 33, Township 100 North, Range 50 West of the 5th P.M., LincolnCounty, South Dakota. Now Defendants have continued total avoidance toanswer and evading duty to prove their rights and interests in the propertydescribed. They seek to manipulate the court to also avoid and evade mattersof Title to the land and property and the rights to possession as a result thereof.This state court has persisted in avoiding and evading basic federal law relatingto land and rights held under patent as lawful assignee.

    Pursuant to 28 U.S.C. 1446(b), a defendant must file a notice of removalwithin thirty (30) days after receipt of a copy of the initial pleading. In thiscase, Plaintiffs filed notice ofa case on or about March 16,2012. AllDefendants, except "occupant", are served summons and acknowledge theSummons and Complaint, but refuse to prove rights to the land and propertydescribed, or to lawful posssession.

    The action filed in state court is removable pursuant to 28 U.S.C.1441(b), which states, "Any civil action of which the district courts haveoriginal jurisdiction founded on a claim or right arising under the Constitution,treaties or laws of the United States".

    As required by 28 U.S.C. 1446(a), Jerome Adrian and Sonja Adrian haveattached copies of all documents delivered to the defendants and responsivedocuments from the Defendants, attempting evasion and avoidance of dueprocess of law by manipulating state court, and the proof of service. Kevin andEsther Myers have given written notice of removal to the United States DistrictCourt for South Dakota, on the 23rdday of March 2012 in file Civ 12-141,holding Federal Case No. 12-4052, and have agreed to jointer. This NOTICEOF REMOVAL is sent to additional parties named in INFORMATION indefense of Complaint, New Life Center, New Haven, or Hope Community

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    church, and the Second Judicial Circuit, Lincoln County, Canton, South Dakotapursuant to 1446(d).

    WHEREFORE, the civil action now pending as Civil Number 12-191 inthe Second Judicial Circuit in Lincoln County, South Dakota is hereby removedto the United States District Court for the District of South Dakota. Adriansrequests that this action be entered upon the docket of this Court in accordancewith Fed. R. Civ. P. 81(c) and showing joinder as to cause.

    Trial by Jury was demanded by Plaintiffs, who are now removing, but thestate court has received a MOTION TO DISMISS, thereby refusing to provideTrial by Jury on the merits. Judge Larry Long publicly admits to "non-oath".The Trial on the issue ofLand Patent and Contract rights acquired as Assignee,as requested by Plaintiffs before a jury of the people, is prejudicially evaded.This Jury is also to determine whether there was fraud in Manna MinistryCenter Claim to a "right to possession", the sole judgment adversely made byJudge Larry Long in state Number 12-141, when Manna Ministry Center hadno Title, it had abandoned the property to New Haven on the public record,attempted excuses as a defense, and claimed past Title and right to possessionby the use of a name change only.Respectfully Submitted,

    {terome Adrian27219 473 rd AvenueSioux Falls, South Dakota 57108

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    CERTIFICATE OF CONSENT TO JOINDERThis is to state for the record that the undersigned, Kevin and Esther

    Myers, fully give consent and agree to the joining of cases, removed todetermine the federal issue of Land Patent rights under Federal law and the dueprocess clause.

    Dated this 26th day of March 2012.

    CERTIFICATE OF SERVICEThis is to certify that a true and correct copy of this NOTICE OF

    REMOVAL AND JOIN WITH WITH STATE CIV. 12-141 IN FederalCase 12-4052 is sent to:CADWELL SANFORD DEIBERT & GARRY LLP200 E. 10 th Street, Suite 200Sioux Falls, South Dakota 57101-2498Clerk of CourtLincoln County CourthouseCanton, South Dakota 57013Manna Ministry Center (Fraudulent) Hope Community ChurchLon Aaseltine, Registered Agent Mike Gaudet, Registered Agen27213 473 rd Avenue 27009 S Western AveSioux Falls, SD 57108-8129 Sioux Falls, SD 57105Cc: to President Bernard SchockNew Haven Lincoln CountyMarjorie A Faehnrich 104 N. Main225 E. 11 th St. Suite 206 Canton, South Dakota 57013Sioux Falls, SD 57104on !hisdO day of March 2012.d .~ L ~