Fax Transmission Attention to:- From:- ‘Name: 5032 107290@ FAX87.COM Name: DEBORAH SWAN Date: 2014-11-18 Pages: 11 Time: 12:09:54 P ‘Sender's Faxt: 8888850736 RE: SNOOK VS SWAN 14¢V0835 Comments/Notes: HARD COPY IN MAIL AND COPY WILL BE SENT TO LEUENGERGER THANKS DEBORAH SWAN‘IN THE CIRCUIT COURT FOR THE STATE OF PREGON FOR THE COUNTY OF JOSEPHINE, EDWARD SNOOK Plaintiff, Case 14CV0835 vs DEBORAH K. SWAN DEFENDANT'S RESPONSE TO. PLAINTI Defendant RESPONSE TO AMENDED DEFENDANT’S JUDICIAL NOTICES TO THE COURT Defendant responds to the Plaintiff's response to Amended Defendant’s Judicial Notice’s UNCLEAN HANDS A. Persuent to page 2 lines 8 through 18 , James Leuenberger has exposed that the morning of, August 11, 2014, he began to prepare the motion for order of Page 1 of 10default and general judgment, the affidavit in support of the motion, the draft order of default, and the general judgment and money award on default. James Leuenberger mailed all 4 documents to the Josephine County Clerk shortly before noon on August 11, 2014. These critical details are self evident, that Mr. Leueneberrger was already planning to intentionally place this case into a false default judgment against the Defendant. The fact that Mr. Leuenberger did not wait the full day on August 11, 2014, to see if or when the Defendant was going to send her answers. James Leuenberger had the motion for order of default and general judgment, the affidavit in support of the motion, the draft order of default, and the general judgment and money award on default, all completed and in the mail to the court before noon on August 11, 2014. This is self evident and clearly shows the intentional misconduct, mis representation, and fraud by James Leuenberger and his Plaintiff Snook. Page 2 of 10. The Defendant Deborah Swan legally had all day on August 11, 2014, and up until 12:00 PM. midnight, to get her answers to Mr. Leuenberger. Therefore the Plaintiff's attomey Mr. Leuenberger is legally, and ethically required to allow the “full day” to receive the answers and appearance from the Defendant. James Leuenberger had no intent of handling this case legally or ethically. This is why the morning of August 11, 2014, he began working on the default, and had it off in the mail to the clerk, before the legal time had expired, Mr. Leuenberger is also attempting to appear as if he somehow missed the fact that the defendant’s answers were delivered by UPS in the morning at 9:05 AM on August 11, 2014, and signed by his notary. This attempt to “cover up’ his false default and general judgment, that has been procured by fraud, has now been filly exposed Page 3 of 10TIMELINE “POST” AUGUST 11, 2014 .. The timeline of Mr. Leuenberger’s actions on the actual moming of August 11, 2014, and “POST” August 11, 2014, clearly show false representations made to this court, by claiming the Defendant did not appear or answer. . Mr. Leuenberger claimed during the Objection Hearing that he had no knowledge of the Defendant's “intent” to appear. >. Mr. Leuenberger is now, after the fact, admitted that he did received the Defendant's answers, affirmative defense and her counter claim on time. This clearly proves this default judgment has been filed with the intentional false representations that have been made to this court. Pursuant to the Plaintiff's response, page 2, lines | through 17, Plaintiff's council, admits to “finding” the Defendant's answers, affirmative defense, and counter claim, in his post office box, in the afternoon, on August 11, 2014. Page 4 of 10This does not explain why then, on the 12th of August, 2014, Mr. Leuenberger spoke to the Clerk Cheryl, and advised the clerk to move forward with the default judgment, knowing that the Defendant had sent her answers, appearance, counter claim and application for fee waiver. .. This does not explain why the Plaintiff and his attomey James Leuenberger, did not explain to Cheryl the Clerk, that he had made a mistake by sending the “motion for order of default and general judgment, the affidavit in support of the motion, the draft order of default, and the general judgment and money award on default, prematurely, and that he did receive the Defendant’s answers affirmative defends and counter claim on time on August 11, 2014. |. This does nor explain then why on August 13, 2014, the Clerk Cheryl proceeded with the default, and the court entered and filed the “motion for order of default and general judgment, the affidavit in support of the motion, the draft order of default, and the general judgment and money award on default, knowing the Defendant had answered and appeared. Page 5 of 10FALSE REPRESENTATIONS The following false representations by the Plaintiff and his attorney James Leuenberger, which are found in the “order of default, the general judgment and money award: AUGUST 15, 2014 ORDER OF DEFAULT L. Page I, line 21: “defendant has not answered or made appearance” rey Page I line 23: “or incapacitated person” 3. JUDGE HULL SIGNED THIS ORDER OF DEFAULT DUE TO FRAUD BY JAMES LUENBERGER. AUGUST 15, 2014 GENERAL JUDGMENT AND MONEY AWARD ON DEFAULT 4. Page 1, line 22 “that defendant has not answered nor made any appearance herein,” Page 6 of 105. Pursuant to Page | lines 18 through 25, James Leuenberger has the following: “defendant has not filed any answer or made any “other” appearance, although the time provided for such an appearance has expired “INTENT” A. Pursuant to the PLAINTIFF'S Response to Amended Judicial Notice, the email attached in EXHIBIT 1, was sent from the Defendant's email, debbyswan@live.com, to Plaintiff's attorney James Leuenberger, email, jim@fight4rights.com, on July 17, 2014, at 10:38 AM. B. Defendant did not supply the Plaintiff or his council a copy of this email, because Mr. Leuenberger already has this email and he will find it in his email messages by searching debbyswan@llive.com. This is the only email address the Defendant has used in reference to this case. CONCLUSION A. This attempt to “cover up’ his false default and general judgment, that has been procured by fraud, has now fully been exposed of the truth Page 7 of 10B. Mr. Leuenberger is now, after the fact, admitting he did received the Defendant's answers, affirmative defense and her counter claim. C. This is a void default order, and judgment. Deborah K. Swan CERTIFICATE OF SERVICE/MAIL I Deborah Kay Swan, have mailed today, on November 18, 2014, the following named persons at the address shown below. JOSEPHINE COUNTY CIRCUIT COURT JAMES LEUENBERGER 500 NW 6TH STREET 5200 SW MEADOWS RD GRANTS PASS, OR 97526-2037 LAKE OSWEGO OR 97035 ATTN: TERICIA DeborahxX. Swan DEBORAH KAY SWAN Page 8 of 10emg ursapg anyssod se woos se puodsa: v8earg Sow (eu 8 KeREWTD Su UD SHOQUUML aUDLES OU 102 “£4 aunP si ure duv0d ayy UO AEP Ay, 12% papones uaed you Sey! SUEAW! YOUN passoquia (Ras AIUNDD # BABY IO. $800 6 ponuGssse aQWnE IBMED F2 UlsIys Jun MOS OY BUYOU BI BIO & sci bue95 Ot | fA OY YAW BILLADUTE Im] AN yin ydivo9 6. WOU, suoHSue, 01 SasLEdsa. 84: Yud} HUE YORE BLIPUDS JO Lodo B9IdIIz8 UE 5! PUIE 24M Sa:NG@DD:A ¥19 UOBOIC A BES! 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