Motion 4 Sanctions

IN THE CIRCUIT COURT FOR THE SIXTH JUDICIAL CIRCUIT IN AND FOR PASCO COUNTY, FLORIDA CASE NO.: 51-2004-004764-DR-WS/E Stephen Paul MARTIN, Petitioner/Father, v.

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Theresa Marie MARTIN, ) Respondent/Mother. ) ____________________________ )

Motion for Sanctions against Arnelle Strand for Frivolous Filings; and, Petition for Contempt against Stephen P. Martin for Failing TWO of this Court’s ORDERS to Provide Changes in His Mailing Address Comes now Theresa M. Martin, and in support of her motion to the Court for the immediate levy of substantial monetary and professional sanctions against the person of Arnelle Strand, for her willful and ongoing attempts to obstruct the due course of justice, and against Stephen P. Martin, for failing this Court’s repeated ORDERS to update his mailing address, hereby states: Ms. Strand’s recent “Notice of Non-Representation” is not ONLY a direct matter of FRAUD and HARASSMENT, it is ALSO legally insufficient as a “withdrawal” 1.Arnelle Strand’s own client in this matter, Stephen P. Martin, was TWICE previously ORDERED by this Court to provide the undersigned Respondent/Mother, “WITHIN TEN (10) DAYS of change of employment or change of mailing address”, his same corresponding updates. 2.Both of these ORDERS were issued against Stephen P. Martin while he was functioning as the noncustodial parent, and he refused his court-ordered DUTIES to keep the undersigned UPDATED with his residential addresses, when he moved during the same time, including at least FOUR (4) TIMES in Florida, and at least THREE (3) TIMES in Michigan, if not more now. 1

3.As a bottom threshold of “reasonable and competent representation”, Ms. Strand was duly aware of the same duty of her client, and – as an order against any of her clients – of her duty to inform the Court and all opposing parties (in this case, the undersigned) of any such changes. 4.Although repeatedly requested via different attempts and methods, neither Mr. Martin nor Ms. Strand have ever – not even once – transmitted any updated information on Mr. Martin’s basic whereabouts, let alone the COURT-ORDERED change of address information updates. 5.Both Ms. Strand and Mr. Martin have FAILED and REFUSED their mandated duties under the law and this Court’s ORDERS, repeatedly, and both must now be held accountable. 6.Only just very recently, commensurate with some refreshed communications with her youngest daughter, and that coupled only with the urgency to purchase some desperately-needed clothing items for her basic needs, since Mr. Martin continually FAILS that obligation, as well, did the undersigned finally learn of a “shipping address” for those clothes – i.e., the mailing address that is now assumed to be currently used for and by Stephen P. Martin also: Stephen P. Martin 25675 Hoffmeyer Roseville, MI 48066 7.Since neither Ms. Arnelle Strand nor Mr. Stephen Martin COMPLIED with this Court’s TWICE-ORDERED legal duties to provide the required (and, within the context of a family court case, with minor children involved, the necessary) change of mailing addresses (multiple), and since both Ms. Strand and Mr. Martin have REFUSED direct requests to provide the same, obviously Ms. Strand is willfully attempting to DECEIVE this Court into believing that the undersigned: (1) had any duty, whatsoever, to go unreasonably “above and beyond” in tracking down a father who was purposefully concealing his whereabouts; and, (2) had any legal duty, whatsoever, to serve anybody else besides Ms. Strand, herself – and ONLY Ms. Strand, herself.

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The Florida Rules of Civil Procedure REQUIRE Ms. Strand to file her Motion to Withdraw, which she has NOT done yet 8.Even every first-year law student KNOWS, inherently, that a person is represented in a court of law, either by themselves (“pro se”, “pro per”, “sui juris”, etc., etc.), or by their person being “represented” by a professional, “licensed” (let’s not go into THAT one, today, unless you really want to…) attorney. Accordingly, for Ms. Strand to attempt to utterly deceive both this Court and the undersigned, with somehow saying that she was no longer Mr. Martin’s attorney, on JUNE 16th, 2007, when the undersigned filed her most recent pleadings concerning child support, when Ms. Strand had never filed any notice, request, nor anything to even indicate, that she no longer wanted to be legally bound by her then-still-current representation of Mr. Martin, until JUNE 21st, 2007, when Ms. Strand then did file her legally-insufficient “notice” therefore. 9.So, regardless of ANYTHING, Ms. Strand was, in fact, Mr. Martin’s full attorney of record on JUNE 16th, 2007, and the undersigned was LEGALLY REQUIRED to serve ONLY Ms. Strand with copies of her filings. See Florida Rules of Civil Procedure, Rule 1.080(b). 10.Indeed, Ms. Strand’s recent “Notice on Non-Representation” is utterly futile, and legally insufficient. IF she wants to withdraw from this case, she MUST file her motion to withdraw, and she must WAIT for the Court to GRANT it. See Florida Family Rule 12.040(b)(1)&(2). 11.Ms. Strand’s abusive nature of American courts of law must not be tolerated any further. 12.The undersigned now and hereby DEMANDS this Court enter an appropriate Order, now sanctioning Ms. Arnelle Strand in the amount of $275 for recompensing the undersigned’s actual legal assistance expenses and lost productive time in having to defend her frivolous filings, and in the amount of $1000 in punitive sanctions, to deter Ms. Strand from making any such filings in the future, as it displays an obvious disgust for the professional integrity of the Florida Bar.

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Conclusion and Summary 13.Ms. Strand’s recent filings: (1) are unmitigated FRAUD and DECEPTION; (2) are legally FRIVOLOUS and SHAM pleadings; and, (3) demand that she now be held fully accountable. 14.Whether she likes it, or not, Ms. Strand is STILL THE LAWFUL ATTORNEY OF RECORD for Mr. Martin herein, unless and until she files her PROPER motion for withdrawal, and until that motion for withdrawal is actually GRANTED. 15.Until that time, the undersigned has NO DUTY to serve Mr. Martin with any official court papers in this case, bar none. See again, Florida Rules of Civil Procedure, Rule 1.080(b). 16.Both Mr. Martin and Ms. Strand have repeatedly failed and refused their legal and Courtordered duties to promptly and accurately INFORM the undersigned of Mr. Martin’s constant and numerous changes of mailing addresses. They must now be held accountable for the same, and ORDERED to COMPLY, and to now properly inform, in writing, his actual current address. 17.The aggrieved undersigned now demands and requests this Court to enter sanctions in the amount of $500 against each Ms. Strand and Mr. Martin, for refusing to comply with their duties to inform, at all, let alone promptly, of the any changes of mailing addresses of Stephen Martin.

WHEREFORE, the undersigned, Theresa M. Martin, now moves this Court for the appropriate and immediate levy of substantial monetary and professional sanctions against the persons of Arnelle Strand and Stephen Martin, for their willful and ongoing attempts to obstruct the due course of justice in this cause, for purposefully attempting to deceive this Court into fraudulent conclusions, for unlawfully concealing the whereabouts of minor children, also for knowingly submitting false defamations of character against the undersigned, and for all other relief that is true and lawful, and just and proper, in the premises.

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Respectfully demanded, ______________________________ Theresa M. Martin CERTIFICATE OF SERVICE I hereby certify: that on this ______ day of June, 2007, a true and complete copy of the foregoing motion for sanctions and petition for contempt, by depositing the same in the United States postal mail, first class postage preaffixed, has been duly served upon the following: Arnelle M. Strand, FBN 9806 Law Office of Arnelle M Strand, P.A. 8138 Massachusetts Avenue New Port Richey, FL 34653 and, as a one-time courtesy, unless and until he begins to represent himself, also upon: Stephen P. Martin 25675 Hoffmeyer Roseville, MI 48066 ______________________________ Theresa M. Martin

Theresa M. Martin 10918 Norwood Avenue Port Richey, FL 34668 727-457-2436

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