by the Common Law Society
published here with their permission

Summons and Grounding Affidavit – 5th. December 2012



BETWEEN:

XXXXXXXXXXXXXXXXXXXXX

Plaintiff



AND



PHIL HOGAN, BRIAN O'GORMAN,
SEAMUS DE FAOITE, MARIA O'CALLAGHAN, PAUL Mc SWEENEY, ALAN SHATTER, MICHAEL
NOONAN, WARD Mc ELLIN, JOHN CONDON, NEALA

Defendants



PLENARY SUMMONS



To the Defendants:

The First Named Defendant PHIL HOGAN Minister of the Environment, Community and Local Trust, with an address at, Department of the Environment,Custom House,Custom House Quay,Dublin 1.

The Second Named Defendant BRIAN O'GORMAN Call Centre Manager, with an address at, Household Charge Bureau, PO Box 12168, Dublin 1.

The Third Named Defendant SEAMUS DE FAOITE Operations Manager, with an address at Household Charge Bureau, PO Box 12168, Dublin 1.

The Fourth Named Defendant MARIA O'CALLAGHAN Administration Manager, with an address at Household Charge Bureau, PO Box 12168, Dublin 1.

The Fifth Named Defendant PAUL Mc SWEENEY CEO, with an address at Local Government Management Agency, 35-39 Ushers Quay, Dublin 8.

The Sixth Named Defendant ALAN SHATTER Minister of Justice and Equity, with an address at Department of Justice and Equality, 94 St. Stephens Green, Dublin 2.

The Seventh Named Defendant MICHAEL NOONAN Minister of Finance, with an address at Department of Finance, Government Buildings, Upper Merrion Street, Dublin 2.

The Eighth Named Defendant WARD Mc ELLIN Solicitor, with an address at King & McEllin Solicitors, The Mall, Castlebar, County Mayo.

The Ninth Named Defendant JOHN CONDON Mayo County Council Secretary, with an address at Mayo County Council, Corporate Affairs Section, The Mall, Castlebar, County Mayo.

The Tenth Named Defendant NEALA Supervisor, with an address at Household Charge Bureau, PO Box 12168, Dublin 1.

This plenary summons is to require that within eight days after the service thereof upon you (exclusive of the day of such service) you in person or by solicitor do enter an appearance in the Central Office, Four Courts,
Dublin 7 in the above action; and TAKE NOTICE that, in default of your so doing, the plaintiff may proceed therein, and judgment may be given in your absence.



By Order, the Honorable Susan Denham, Chief Justice of Ireland, the 5th. day of December two thousand and twelve.



N.B. – This summons is to be served within twelve calendar months from the date thereof, and, if renewed, within six calendar months from the date of the renewal, including the day of such date, and not afterwards.

The defendants may appear hereto by entering an appearance either personally or by solicitor at the Central Office, Four Courts, Dublin 7.



GENERAL INDORSEMENT OF CLAIM



The plaintiff's claim is:



1. The Plaintiff is XXXXXXXXXXXXX, a gentleman with an address at, XXXXXXXXXXXXXXXXXXXX.



2. The Defendants are: PHIL HOGAN Minister of the Environment, Community and Local Trust, with an address at, Department of the Environment,Custom House,Custom House Quay,Dublin 1.



3. BRIAN O'GORMAN Call Centre Manager, with an address at, Household Charge Bureau, PO Box 12168, Dublin 1.



4. SEAMUS DE FAOITE Operations Manager, with an address at Household Charge Bureau, PO Box 12168, Dublin 1.



5. MARIA O'CALLAGHAN Administration Manager, with an address at Household Charge Bureau, PO Box 12168, Dublin 1.



6. PAUL Mc SWEENEY CEO, with an address at Local Government Management Agency, 35-39 Ushers Quay, Dublin 8.



7. ALAN SHATTER Minister of Justice and Equity, with an address at Department of Justice and Equality, 94 St. Stephens Green, Dublin 2.



8. MICHAEL NOONAN Minister of Finance, with an address at Department of Finance, Government Buildings, Upper Merrion Street, Dublin 2.



9. WARD Mc ELLIN Solicitor, with an address at King & McEllin Solicitors, The Mall, Castlebar, County Mayo.



10.    JOHN CONDON Mayo County Council Secretary, with an address at Mayo County Council, Corporate Affairs Section, The Mall, Castlebar, County Mayo.



11.    NEALA Supervisor, with an address at Household Charge Bureau, PO Box 12168, Dublin 1.



12. The herein named Defendants PHIL HOGAN, BRIAN O'GORMAN, SEAMUS DE FAOITE, MARIA O'CALLAGHAN, PAUL Mc SWEENEY, ALAN SHATTER, MICHAEL NOONAN, WARD Mc ELLIN, JOHN CONDON and NEALA (hereinafter, named Defendants), did and are wilfull conspiring to unlawfully, illegally, unconstitutionally and immorally coerce and force me, against my will, to make a declaration, that which is precluded by Bunreacht na hÉireann and by LAW.



13. The herein named Defendants are in breach and contempt of the European Convention of Human Rights, the Universal declaration of Human Rights, and their collective and individual acts and actions constitute an offence under "the Non-Fatal Offences Against the Person Act 1997".



14. ALL of the herein named Defendants were issued with a NOTICE/DEMAND on the 27th. November 2012 and another FINAL NOTICE/DEMAND on the 30th. November 2012, wherein ALL of the named Defendants did wilfully FAIL, REFUSE and/or NEGLECT to acknowledge, answer or deal with any of th questions and statements of fact contained therein. Ref Exhibit 01 & 02



15.    PHIL HOGAN and ALL of the herein named Defendants have willfully neglected and disregarded our demand for full and open disclosure for data, information and answers about their unlawfully concocted LOCAL GOVERNMENT (HOUSEHOLD CHARGE) ACT 2011 (hereinafter "the Act"), the attached Summons, THE HOUSEHOLD CHARGE BUREAU, the Household Charge Form, Bunreacht na hÉireann, the Non-Fatal Offences Against the Person Act 1997, and Contract LAW. Thus, PHIL HOGAN and the named Defendants have wilfully rendered me without recourse to a Defence in the matter. This is an OFFENCE. It is UNLAWFUL. It is UNCONSTITUTIONAL and is a HUMAN RIGHTS VIOLATION. PHIL HOGAN knows it and so do the named Defendants. A Full Statement of Claim will follow within 21 Days of Service Herein.





BETWEEN:

XXXXXXXXXXXXXXXXXXXXX

Plaintiff



AND



PHIL HOGAN, BRIAN O'GORMAN, SEAMUS DE FAOITE, MARIA O'CALLAGHAN, PAUL Mc SWEENEY, ALAN SHATTER, MICHAEL NOONAN, WARD Mc ELLIN, JOHN CONDON, NEALA

Defendants



AFFIDAVIT OF XXXXXXXXXXXXXXXXXXXXX

I, XXXXXXXXXXX, a gentleman with an address at, XXXXXXXXXXXXXX, being aged 18 years and upwards do hereby make oath and say as follows:



1. The herein named Defendants PHIL HOGAN, BRIAN O'GORMAN, SEAMUS DE FAOITE, MARIA O'CALLAGHAN, PAUL Mc SWEENEY, ALAN SHATTER, MICHAEL NOONAN, WARD Mc ELLIN, JOHN CONDON and NEALA (hereinafter, named Defendants), did and are wilfully conspiring to unlawfully, illegally, unconstitutionally and immorally coerce and force me, against my will, to make a declaration, that which is precluded by Bunreacht na hÉireann and by LAW.



2. The herein named Defendants are in breach and contempt of the European Convention of Human Rights, the Universal declaration of Human Rights, and their collective and individual acts and actions constitute an offence under "the Non-Fatal Offences Against the Person Act 1997".



3. ALL of the herein named Defendants were issued with a NOTICE/DEMAND on the 27th. November 2012 and another FINAL NOTICE/DEMAND on the 30th. November 2012, wherein ALL of the named Defendants did wilfully FAIL, REFUSE and/or NEGLECT to acknowledge, answer or deal with any of the questions and statements of fact contained therein. Ref Exhibit 01 & 02

PHIL HOGAN and ALL of the herein named Defendants have willfully neglected and disregarded our demand for full and open disclosure for data, information and answers about their unlawfully concocted LOCAL GOVERNMENT (HOUSEHOLD CHARGE) ACT 2011 (hereinafter "the Act"), the attached Summons THE HOUSEHOLD CHARGE BUREAU, the Household Charge Form, Bunreacht na hÉireann, the Non-Fatal
Offences Against the Person Act 1997, and Contract LAW. Thus, PHIL HOGAN and the named Defendants have wilfully rendered me without recourse to a Defence in the matter. This is an OFFENCE. It is UNLAWFUL. It is UNCONSTITUTIONAL and is a HUMAN RIGHTS VIOLATION. PHIL HOGAN knows it and so do the named Defendants.



4. We Demand that PHIL HOGAN and ALL the herein named Defendants be brough before this Honorable Court one by one, to answer ALL of the questions contained within the aforementioned NOTICE/DEMAND, under penalty of perjury.



5. By the duplicity of the herein named Defendants, they have concocted what can only be construed as an unlawful Summons, in order to coerce me into attending a District Court, wherein they intend to do me harm, and to persecute me, for and with no legitimate, legal or lawful reason or claim.



6. PHIL HOGAN and the herein named Defendants have been and are working in cahoots with each other, with the intention of misleading ME, one of the People into making "self-declarations" that are NOT MANDATORY, are NOT Constitutional and NOT Lawful, for the purpose of creating what is termed "a simple debt contract". Wherein these "simple debt contracts" which may be used as the basis for the creation of instruments, as defined by the "Bill of Exchange 1882". This is being done and carried out without the explicit consent and knowledge of the People. There is no "Consensus ad idem", therefore it is unlawful, illegal and immoral.



7. PHIL HOGAN and the herein named Defendants are using fear and ambiguity, which seems to be the order of the day for the current Government and the State. It is NOT MANDATORY to fill in the Household Charge Bureau form as prescribed by "the Act", and certainly there is absolutely NO PRESCRIBED requirement, be it obligatory or not, to give the Household Charge Bureau any level or depth of information that they infer is required by their "HOUSEHOLD CHARGE DECLARATION / NEW ACCOUNT REGISTRATION FORM (HC12N)". Ref Exhibit 03.



8. PHIL HOGAN and the herein named Defendants have NOT provided any "Testamentary Evidence" in support of their claim. We demand that they now provide this Honorable Court with that "Testamentary Evidence" if such thing exists, by answering ALL questions previously put to them. Ref Exhibit 01 & 02.



9. The Household Charge Bureau in and of itself, is nothing more than a front for an illegal and highly organised criminal gang. Whose aim is to willfully mislead, misinform and misdirect ME and the People of the Island into making "self-declarations" that are NOT MANDATORY, solely for the purpose of fraudulently and illegally coercing People into paying money to them, under the guise of the aforementioned Act. The agents of the Household Bureau have basically admitted same.
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