Licensed Attorney Files Against Pro Se Asking for Contract to be Declared “Void Ab Inition”
The motion with what I’d like to say in red.
IN THE CIRCUIT COURT OF SEARCY COUNTY ARKANSAS CIVIL DIVISION MICHEAL PIETRCZAK V. CASE NO. 65CV-21-20 RURAL REVIVAL LIVING TRUST; AND LAURAL YNN (HAMMETT) PLAINTIFF DEFENDANTS MOTION TO DECLARE CONTRACT VOID AB INITION lol FOR ILLEGALITY AND BRIEF IN SUPPORT THEREOF
Comes now counsel for Michael Pietrczak who in support of this Motion to Declare Contract Void Ab Initio and Brief in support thereof, states and alleges as follows:
1. Laura Lynn (Hammett) is not a licensed attorney. How dare she file a lawsuit without ponying up a $300 per hour attorney.
2. Laura Lynn (Hammett) is a serial pro-se litigant with several current lawsuits pending both at the state and federal levels. Why do lawyers call other people who file lawsuits litigious? It is highly probably Good thing your client has a highly skilled wordsmith. Laura Lynn (Hammett) is representing her husband in several of those matters while he claims to be a “pro-se” litigant.
3. Laura Lynn (Hammett) has committed contempt of court by engaging in the unauthorized practice of law William Zac White has committed contempt of court by engaging in the authorized practice of law. He is the punch line to every lawyer joke.
4. Laura Lynn (Hammett) prepared a “contract” on behalf of herself and Michael Pietrczak purportedly creating a marriage between the two (2) proclaiming “We, Laura Lynn and Michael Pietrczak, consider ourselves to be husband and wife in the eyes of God, but do not believe the state has authority to control marriage”. See Attached Exhibit 1 – “Contract”.
5. Unfortunately for the parties the State of Arkansas DOES control the formation and validity of marriages within its borders. Here is where attorney Zac tries to force people who believe they have a Godly union to get licensed from the government, whether they want to or not.
6. Marriage is more than only a civil contract; it is a social and domestic relation subject to regulation under the state’s police power. Dodson v. State, 61 Ark. 57, 31 S.W. 977 (1895). 1895, that is the year of the case about marriage cited. Well negros were free already. Seems like an appropriate time to take our social norms from. See Ark. Code Ann. § 9-11-101.
7. In 1868 the Arkansas Supreme Court stated within Tatum v. Kelley, 25 Ark. 209, 210-11 (1868) that: No principle is better settled than that contracts that contravene the law are void, and that courts will never lend [**2] their [*211] aid in enforcing them. Illegal contracts are not such only as stipulate for something that is unlawful; but, where the intention of one of the parties is to enable the other to violate the law, the contract is corrupted by such illegal intention, and is void. Pratt v. Adams, 7 Paige Ch. 615; The Branch Bank at Montgomery v. Crocheron, et al., 5 Ala. 250; Beach v. Kezar, 1 N.H. 184; Steele v. Curle, 34 Ky. 381, 4 Dana 381; Armstrong v. Toler, 24 U.S. 258, 11 Wheat. 258, 6 L. Ed. 468; Giraday v. Richardson, 1 Esp. 13; Langton v. Hughes, 1 Maule & Selwgn, 593; Lightfoot, et al., v. Tenant, 1 Bos. & P. 551;Farmer v. Russell, et al., 1 Bos. & P. 295.
8. The attached “contract” presents prima facie evidence on its face that Laura Lynn (Hammett) attempted to circumvent Arkansas law regarding the formation of a valid marriage contained within Ark. Code Ann. § 9-11-101. The contract that followed our declaration of faith and commitment said we would split our stuff 50/50 if we broke up.
9. Further, it is undeniable that by drafting the “contract”, Laura Lynn (Hammett) intended to enable Michael Pietrczak to violate Arkansas law regarding the formation of a valid marriage contained within Ark. Code Ann. § 9-11-101. Forget that his client signed a contract that begins by saying he feels “married in the eyes of God” when he was actually just defrauding an older Christian lady.
10. As indicated herein, this clearly renders the “contract” in question void ab initio.
WHEREFORE, Plaintiff respectfully requests that this Court determine that the “contract” attached hereto as exhibit 1 is void ab initio, grant the Plaintiff his costs (including a reasonable attorney’s fee), and award all other relief that the Plaintiff may be entitled whether specifically prayed for herein or not. Mr. White is asking for Mike Pietrczak, who is a felon that had $3.71 cents to his name, thousands of dollars in debt and lived in a half-way house when he met Laura, who was advertising to find an “18 to 21 year old petite blue-eyed blond” a month after signing the “contract”, to take $450,000 plus attorney fees from the relationship. Pretty good return on investment for pretending he was “married in the eyes of God”.
Attorney and Counselor at Law William Z. White (AR Bar No. 2007255) 706 W. Quitman Street (Physical) Heber Springs, AR 72543 (501) 365-3934 Office (501) 365-3935 Facsimile E-mail: wzwhite@wzwhite.com