Some of Mr. Breck's family
Re: Certificate of Service
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7:37 PM (0 minutes ago)
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Dear Mr. Breck:
Due to the complexity of these matters, I have replied to you within your email, point-by-point, and so paste in my response. Since I wrote it in Word, be aware that pasting into gmail can confuse line breaks, and if this happens, I will resend shortly in a better form for reading:
Mr. Kenan,
As far as I can tell based on documents in the record, service of process was proper in your underlying case.
As I explained several times before by phone and (retained) emails, and not only to you but to Emerson Oertel and Daliah Saper, both of Saper Law, LLC, the problem with the “proof of service” is that an employee of Mailboxes, etc. here in Puerto Vallarta signed for the service documents and properly verified my identity from a photograph – however, I was verifiably a day later en route to the USA and Saper NOT answering my question asking if it was something important, did not go out of my way to pick it up before driving to the USA, and returned from the USA and got the documents immediately, but it was AFTER the 30-day window of legal service. Email service was not yet legal in Illinois.
This being the only thing you needed (and I clearly pointed this out to ALL of you many times), to examine to make your determination, you had to have contacted the employees of Mailboxes, Etc. here in Puerto Vallarta, and I will, at my earliest convenience, verify with them that you did so, recently.
If I find that is true, then I would like you to send me the exact portion of Illinois Law (scan or other electronic is fine), that allows service simply by an intermediary receiving the service and verifying that the one to be served is a client WITHOUT the client needing to actually come into possession of the document. You will also recall, that I explained this to lawyer Andrew Cook – even telling him that if he re-initiated the service I would cooperate and be certain I received it within the 30-day window of service as I had no other long travel plans, but he chose not to do that. I have the emails showing this.
I truly believe that his scruples over this matter is what caused Emerson Oertel to LEAVE Saper Law, although he seemed disgusted with Saper last I spoke with him, I have had no contact with him since he left.
And furthermore, I had a day and a half that I could have made the three hour round trip to PV from where I lived if I had known the seriousness of the matter, so knowing only that I had mail from Saper Law and thinking it MIGHT be important, I immediately emailed Saper Law asking what it was (I could have and would have gone out of my way to get it before driving to the USA – proven by my emailing them to find out), but Saper Law never replied, so I felt it must not be very important. I DO retain this email.
I am unsure of how to investigate the broad political aspects you mentioned but it is also not my job. If this is truly a giant political conspiracy, you will have to hire an attorney to present cogent evidence that relates to the matter at hand. Frankly, it seems over my head and irrelevant.
Why do you try to distract us with this? I gave you a brief outline of what I still see as a conspiracy so that you understood the greater context, but SPECIFICALLY also said that this was NOT your area, and to look first at investigating the FALSE service.
This current distraction would appear to be a deliberate attempt to keep me from focusing on how Saper Law BROKE THE LAW. I now assume you are consciously and deliberately part of at least the cover-up of the FALSE service. That said, if I find you DID contact Mailboxes, Etc., then, as I said, just show me the provision in Illinois Law that allows non-delivery of service to count as service and I will feel better about your intentions.
I am aware that the judge ACCEPTED this charade as legal service, but clever lawyers can fool judges or judges can be corrupt. At this time, I am NOT blaming this on the judge, but on Dalia Saper.
I don't see a legal reason why this judgment should not be enforced. I can only respond to legal arguments as they are all that matters in our justice system. Your arguments about libel and default judgments not being permitted is not true in Illinois and as such I am unpersuaded to cease enforcement activities. You can obtain a default judgment against a litigant for defamation regardless of the defendant's lack of participation. All that is required is valid service of process, then it is the Defendant's decision to participate or not. The legally prescribed penalty for lack of participation is a default judgment (conversely, if the Plaintiff fails to appear, the case is dismissed for want of prosecution).
Well, that VALID legal service never happened (I’m sure you will agree with me that this would have been SO MUCH SIMPLER if Saper Law had just re-done the service – but it was THEIR decision not to do this – not mine nor yours), and there are other problems with your argument as well. It may well be that by current statutes libel and defamation can be determined by default in the State of Illinois, but several high courts have ruled recently that they CANNOT be tried without a defense and proof. Something like 11 states still have laws on the books criminalizing gay sex, but because of court rulings, they know better than to prosecute those laws. If no similar case has been decided IN ILLINOIS, I suppose a clever lawyer might try it, thinking he or she could get away with it before it is settled specifically in Illinois, and it is made CLEAR that the US Constitution also applies in Illinois.
If you have obtained legal representation, please let me know the contact information for your attorney and I will reach out to them. Otherwise, please let me know about electronic service of process and whether you consent.
Clearly, you are good at your job of enforcing court orders, however, while it is true that the vast majority of the money you got from my Bank of America accounts was actually SSI Disability money (illegal for you to take), it is also true that I should have designated the account for what it primarily was – but I was unaware that I should have done that. Therefore, I cannot fault BoA for this, and you did not break the law TECHNICALLY, but absolutely did so in both the Spirit of the Law and in a supreme spirit of meanness, apparently.
I say “meanness” because both Jed Clampon and Emerson Oertel told me that there was NO EXPECTATION of getting any money from me, they both knowing I had been homeless for two years and on very limited government assistance since then. Jed just wanted a few blog posts removed, and IN FACT I completely disguised his identity then on the blog, and Jed HIMSELF told me he was satisfied.
Within a week or so, Saper Law took the suit to the next level, so I put his identity back into some of those postings, since SOMEONE was lying to me – and frankly I do NOT believe it was Jed. I believe Saper Law was on their own vendetta against me because I blogged about Jed’s having seen Senator Barack Obama in his private gay bathhouse – something Jamie told me he didn’t CARE if I blogged about.
The matter is up for a decision on April 29, 2014. I will mail you the order regarding the case once it is completed.
WHAT matter is up for decision on April 29, 2014 – and WHY am I only hearing about it two business days beforehand? I just went to the Court Database online, and I see no mention of impending actions: https://w3.courtlink.
I will pass on to my client your offer to remove his information and name from your blog, but as they say, you cannot unsay something that was said. This is especially true of the Internet.
I am aware of the claimed “permanence” of effect of internet postings, however, the fact that I mentioned this to you 26 days ago and you did NOT mention it to Saper Law and Jed ALREADY would probably PROVE your negligence in any court of law.
Best Regards,
Bob Breck
SOME ADDITIONAL CONSIDERATIONS:
1. Although you have to know that SSI Disability is untouchable in such judgments, you STILL contacted the agency that distributes mine, Benefits Management, trying to get my benefits – and this was AFTER I let you know you had ALREADY taken $650.00 from my BoA accounts that was specifically SSI money.
2. Previously, you consciously and deliberately lied to me by stating that the action with BoA was the FIRST attempt to enforce the court judgment when you knew very well that months before that, you or Saper Law (your dominant partner), had already frozen sales of my memoir, WALKING ON GLASS: A MEMOIR OF THE LATER DAYS OF TENNESSEE WILLIAMS, on Amazon.com. Do ANY lawyers have ethics?
And THAT was done expeditiously because I know and can prove in court who murdered Tennessee Williams – enemies of truth like Daliah Saper who is a Fox New talking head as well as lawyer, so would do ANYTHING to shut me up – but I digress into the parts that “don’t concern you”.
3. As an Illinois lawyer, you must know that the State of Illinois has absolutely NO program to assist with legal representation anyone NOT legally living in Illinois. Your aggressive actions against my assets means I could NOT earn, borrow, or be given money to hire an attorney – or even to travel to Illinois, WITHOUT YOU STEALING THE MONEY BY SAME ACTIONS, FIRST!!! The contacts I was given by both Cook County and the State of Illinois to find some help were ONLY legal agencies that require a person pay fees.
Clearly, your and Saper Law’s strategy is to continually break or bend the law, knowing your illegal and unconstitutionally achieved judgment can be used to keep me unable to defend myself. As you know from those emails you wish me to stop sending you, the ACLU turned me down because they ONLY represent people harassed improperly by government agencies – NOT individual vs. individual, and I have not yet found a service that assists people in my situation. But I will.
4. You mention that you went over the court documents, so you must have seen the actual evidence presented and arguments, etc. in court. Could you kindly do me the favor of sending me a scan or similar of the arguments that PROVED that Jamie was somehow harmed by my telling the truth (or not truth – we need not now decide that part)? (This CAN be a crime.)
I mean, he sued for $50,000.00 and for me to remove a few postings – but was awarded ten times the money ($500,000.00), and MANY things the suit did not ask for, including copyright ownership of my memoir of working for Tennessee Williams, copyright to ALL my blog postings (presumably, only if posted there first) on my original blog, http://scottkenan.blogspot.com
That Jed got copyright to EVERY blog post not even vaguely related to this matter is SUPER EXTREME, but then he ALSO got ownership or assignment of that URL which is part of Google/Blogger.
And also that Jed was awarded copyright also of ALL my emails past, present, and future about this matter is PROOF of Political Persecution of me. This is unconstitutional GAGGING!!!
Remember, Jed still has his same very high-paying job, so it is not immediately obvious how he has suffered consequences of what I blogged. In spring of 2010, Jed told me he made $23,000,000.00 (or close – I have it exactly elsewhere) PER MONTH, on average, selling Windy City Wazoos – and THIS I can testify to in Court of Law.
Has Jed put into the record his last several years of tax returns? I’d like to see them, please. Frankly, I doubt Jed makes that much on the books – but was including money from other activities that so many in town told me Jed was up to.
CONCLUSIONS:
Given your apparent REFUSAL to truly investigate the legality of the service, your deliberate lying about the BoA action being the FIRST action based on the judgment, your NOT passing on my offer to Jed for AT LEAST 26 days, and many other things herein described, you, Bob Breck, are the moral equivalent of a NAZI concentration camp leader, and WILL eventually be held accountable.
Ditto Daliah Saper and anyone else in her firm continuing to work on this case. I hold no ill feelings toward Emerson Oertel who had the decency to flee from this travesty of justice, and I don’t hold much against Jed Clampon, either. Jed was OK with my original solution, but Dalia Saper took the matter out of his hands at that time. That said, without the consultation of a lawyer, I cannot say I would not take them to court.
Daliah Saper works also for FOX NEWS, associated with the Republican Party and the illegal drug mafia as I have detailed many times and places in my blog. President Obama was blackmailed over his homosexual past and recent present to PROTECT the drug mafias, including the Chicago Drug Mafia led by Rahm Emanuel which deals MOSTLY with the drug mafia here in the Puerto Vallarta area, and as you know from my email of last night, they tried to kill or harm me last night – three days after my father died.
I SALUTE you and your allies’ brilliance of so stalwartly trying to break my spirit with your timing, especially, but it is not working.
SUGGESTION:
Immediately vacate this unconstitutional judgment, return my BoA money (plus the about $150.00 in fees by my bank over this), restore my memoir’s sales to my credit on Amazon.com, and then SERVE ME LEGALLY.
I would INTEND to cooperate fully – but only if I get a firm commitment of the legal and financial resources necessary to defend myself in person in court, whether by government or private agency.
MY ANSWER TO YOUR INQUIRY:
“Otherwise, please let me know about electronic service of process and whether you consent.”
I do NOT consent to electronic service of process, although I MIGHT do so if you explained specifically. You have ALSO not explained what action comes up April 29, 2014.
WHAT THE HELL ARE YOU???
All best, and I look forward to your prompt reply,
Scott David Kenan
Puerto Vallarta, Mexico
On Fri, Apr 25, 2014 at 9:53 AM, Bob Breck wrote:
Mr. Kenan,
As far as I can tell based on documents in the record, service of process was proper in your underlying case. I am unsure of how to investigate the broad political aspects you mentioned but it is also not my job. If this is truly a giant political conspiracy, you will have to hire an attorney to present cogent evidence that relates to the matter at hand. Frankly, it seems over my head and irrelevant.I don't see a legal reason why this judgment should not be enforced. I can only respond to legal arguments as they are all that matters in our justice system. Your arguments about libel and default judgments not being permitted is not true in Illinois and as such I am unpersuaded to cease enforcement activities. You can obtain a default judgment against a litigant for defamation regardless of the defendant's lack of participation. All that is required is valid service of process, then it is the Defendant's decision to participate or not. The legally prescribed penalty for lack of participation is a default judgment (conversely, if the Plaintiff fails to appear, the case is dismissed for want of prosecution).If you have obtained legal representation, please let me know the contact information for your attorney and I will reach out to them. Otherwise, please let me know about electronic service of process and whether you consent.The matter is up for a decision on April 29, 2014. I will mail you the order regarding the case once it is completed.I will pass on to my client your offer to remove his information and name from your blog, but as they say, you cannot unsay something that was said. This is especially true of the Internet.Best Regards,Bob Breck
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