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Friday, January 10, 2020

The UCMJ is federal law, THE CODE Motion to Dismiss Counter Claim

The UCMJ is federal law, enacted by Congress. The UCMJ defines the military justice system and lists criminal offenses under military law. The law requires the President of the United States, acting as commander in- chief of the Armed Forces, to write rules and regulations to implement military law.

 Jotham was twenty and five years old when he began to reign, and he reigned sixteen years in Jerusalem. His mother's name also was Jerushah, the daughter of Zadok.

And he did that which was right in the sight of the Lord, according to all that his father Uzziah did: howbeit he entered not into the temple of the Lord. And the people did yet corruptly. 2 Chronicles 27:3   He built the high gate of the house of the LORD, and on the wall of Ophel he built much
.

Acquitting the guilty IS AN ABOMINATION


proverbs 24

24 Whoever says to the guilty, “You are innocent,” will be cursed by peoples and denounced by nations.
25 But it will go well with those who convict the guilty, and rich blessing will come on them.

Proverbs 21:15
When justice is done, it brings joy to the righteous but terror to evildoers.
Proverbs 17:15 Acquitting the guilty and condemning the righteous--both are detestable to the LORD.


Exodus 23:7  New International Version
Have nothing to do with a false charge and do not put an innocent or honest person to death, for I will not acquit the guilty.
  • Proverbs 17:15 KJV:

      He who justifies the wicked, and he who condemns the righteous, both of them alike are an abomination to
      • pslam 106.3 Blessed are those who act justly, who always do what is right.
    • (IS THE SAME AS...CURSED ARE THE UNJUST)

    • Deut 16.20 Follow justice and justice alone, so that you may live and possess the land the LORD your God is giving you.

      •  Isiah 1.17 Learn to do right; seek justice. Defend the oppressed.Take up the cause of the fatherless; plead the case of the widow.

    • Proverbs 29 7 The righteous care about justice for the poor, but the wicked have no such concern.



                                            Luzerne County Court of Common Pleas

      Commonwealth of Pennsylvania VS  Commonwealth of Pennsylvania  Amy Kush, PCSR

      CP -40-CR-0001850-2019


      Prothonotary: Also Please file on        Bayview Vs. Amy 


       Luzerne County Court of Common Pleas No 2019-02069

      Luzerne County Court of Common Pleas No 7479-2015


      Prothonotary: Also Please file on      Amy Vs Bayview, et all


      Superior Court of Pennsylvania 1615 MDA 2017

      United States District Court for the Middle District 318-cv-01483

       


     Luzerne County Court of Common Pleas

     Honorable Judge Vough


    Case No. CP -40-CR-0001850-2019


    Commonwealth of Pennsylvania

                                          Plaintiff

    V.


    Amy Kush

                                         Defendant


    MOTION TO DISMISS 

    NOW Comes, AMY KUSH, a single person who has never been in trouble before and not since,  accused of her first and only crime ever,  after a domestic dispute that led to the cops arrival.


    1. Dismiss for failure to prosecute rule 1901 Accused 04/2019. Today is 12/2021


    1. Dismiss pursuant to affidavit citing stolen property was found with Stephen


    1. Dismiss due to lack of adequate representation  If anybody believes I should have received discovery by now, I have not.  Amendment #6


    1. Dismiss lack of jurisdiction  Rule 12(b)1 I am a United States birthright citizen under the jurisdiction of the United States. The head of the commonwealth is the queen. And I am not under the jurisdiction of the queen. Dec of I  July 4, 1776

        

    1. Dismiss Amendment 9,  other rights retained by the people


    1. Dismiss Amendment #5 prohibits self incrimination 


    1. Dismiss Rule 5.5  Unauthorized Practice/ Multijurisdictional Practice of  Law





    Amy Kush

    1000 Roosevelt Street Apt 103

    Edwardsville, PA 18704


    Declaratory Judgment / CounterClaim TORT


    1. A federal civil rights complaint 3.18-cv-01483, was filed in Scranton to address the very serious claims against your co-conspirators which alleges that vaccination works as intended to reduce population and is genocide of the Americans, its still your body your choice here in the US, except that you cannot force your beliefs onto other Americans bodies under the agent of consent.  It implies that  vaccination to get into school is called hazing and circumcision is called not medically necessary insurance fraudulent abuse. 


    1. I, we are victims of fraudulent medical practices under the color of red, white & blue. I am an injured party. The same establishment that didn't protect me as a child, did not insure me as a mom either. Moms have no money, because I stayed home and cared for my child,  couldn't pay the mortgage, consequently i live outside.


    1. Motion to dismiss due to jurisdiction,  I live outside, under a rainbow. Moms are not in your union, your policy does not insure moms healthy moms. Moms who watch their own children get not paid, save not into your SS plan. Childcare is legit work, and county workers at Headstart who watch our children get paid and pay in, but moms lack equal protections.  Therefore challenge jurisdiction consistent with Federal Rules of Civil Procedure Rule 12 


    1. Motion to dismiss charge against AMY KUSH, that stolen firearm was found in Stephen Kush's POV. There were never any rounds or magazines. In Stephens statement to the cops, he admitted he was going to run that gun to somebody else. 


    1. Motion to dismiss felony charge. I am unarmed this day with no desire to hurt myself or others.  The peace of the Lord surpasses. Yet,  I still experience occasional bouts of duress, because I live outside, and the death of my mother and my 26 year old step daughter, and my own health, and because Moms are not secure.  I am speaking constructively with a therapist named Diane, who says I cant keep my doctor, he left town.


    1.  My ejection from 258 Frederick Street in Kingston by the Luzerne County Sheriff was not done at the direction of the lender, Bank of America, whose Philadelphia Lawyer Joseph Foley, at McCabe Weisberg & Conway, PC  insists he did not tell the Sheriff to do that to moms who watch their own children. He insists That the prothonotary and Lt. Sheriff Ryan Foy acted on their own will with their own flag and their own policy. Much duress was caused by my discovering that my money (lender) and my guns (the sheriff)  were not on the same page.  These gross violations of moms rights to be secure were violated and I am still living outside.  

    2. The counter claim can be depicted as vs 


    1. The following counter claims were recently translated from federal code to state statutes and is not all inclusive of all the crimes committed under color of your opinion

     Notice to Defend 

    8 U.S. Code Chapter 25 - COUNTERFEITING                     (counterfiting the securities)

    18 U.S. Code § 2332a - Use of weapons of mass destruction       (for vaccines, which work

    18 U.S. Code § 2441 - War crimes                                    (treachery, treason, blockade, etc)

    18 U.S. Code § 241 - Conspiracy against rights                                      (against women who mom)

    18 U.S. Code § 373. Solicitation to commit a crime of violence      (to solicit vaccines is to incite riot/rebellion)

    18 U.S. Code § 1962 - Prohibited activities                                       (participating in mount of corruption)

    18 U.S. Code § 2332b. Acts of terrorism transcending national boundaries         (for circumcision)

    18 U.S. Code Chapter 96 - RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS       (RICO

    18 U.S. Code 115- TREASON, SEDITION, & SUBVERSIVE ACTIVITIES (perversion of Justice                                  

    10 U.S. Code § 6964 - Hazing:                                                                 (Vaccination to get into school is Hazing)                 

    18 U.S. Code § 1341 - Frauds and swindles,Subversive Theft

    18 U.S. Code § 1031 - Major fraud    (Circcumcision & Vaccination  are Not Medically Necessary Insurance Fraud Abuse) 

    50 U.S. Code § 1520a - Restrictions on use of human subjects for testing of chemical/ biological agent     (see Age of Consent)

    18 U.S. Code § 249 - Hate crime acts                                               (religious persecution with a weapon called vaccine)

    18 U.S. Code § 1792. Mutiny and riot                                                      (armed rebellion, brandishing weapons in debt collection)

    10 U.S. Code § 916 - Art. 116. Riot or breach of peace                                               (engaging in drug war)

     22 U.S. Code Chapter 11 - FOREIGN AGENTS AND PROPAGANDA                         (textbooks fake news

    18 U.S. Code § 1038. False information and hoaxes

    42 U.S. Code § 3617 - Interference, coercion, or intimidation                                                         

    18 U.S. Code CHAPTER 113C— TORTURE                                     ( vaccination of prisoners is torture /  Geneva)

    18 U.S. Code § 1091. Genocide                                             (vaccines work as intended to reduce population)              

    U.S. Code § 242. Deprivation of rights under color of law

    18 U.S. Code § 2381 - Treason

    15 U.S. Code § 1 - Trusts, etc., in restraint of trade illegal; penalty                                     (drug war restrains free market)

  • Title 18 § 911.  Corrupt organizations.                                                                  (organized crime)

    § 902.  Criminal solicitation.                                                                      (drug war and all its facets )

    § 4119.  Trademark counterfeiting.                                                 (counterfeiting the securities of the United States)

    § 2802.  Hazing.                                                                                    (vaccination to get into school is Hazing)               

    § 2902.  Unlawful restraint.                                                          (circumcision on minors bodies not your own)  

    § 5501.    5507  Riot.                                                                                (claiming suicidal by cop)

    § 5503.  Disorderly conduct.        (inconveniencing moms and the public)

    § 5511. Cruelty to animals.                                                                         (Vaccinating animals)

    § 2340a torture                                    (administering vaccines when not a person has not been condemed to death)

    § 4117.  Insurance fraud.                       (circumcision is  NOT medically necessary insurance fraudulent abuse, deprivation of rights

    18 Pa.C.S.A. Crimes and Offenses § 2901. Kidnapping

    § 2906.  Criminal coercion.                                                              (term of parent rights of addicts)

    § 3012.  Involuntary servitude.                       (moms are made to slave without pay, and without being convicted )

    § 3017.  Violation by business entities. 

    § 2903.  False imprisonment. 

    § 5131.  Recruiting criminal gang members. 

    § 5106.  Failure to report injuries by firearm or criminal act. 

    § 2706.  Terroristic threats.

    § 2709.  Harassment.

    § 4107.  Deceptive or fraudulent business practices. 

    § 3927.  Theft by failure to make required disposition of funds received.

    § 4304.  Endangering welfare of children.                                   (by not securing moms equal protections)

    § 2910.  Luring a child into a motor vehicle BUS                      (vaxxer public school is  terrorist training camp)       

    § 2705.  Recklessly endangering another person.          (vaccines)


    Amy Kush  Box 126 the UPS store  512 Northampton St Edwardsville, PA 18704  570-690-8647  israeloctavius@gmail.com

  • U.S. Code § 1109. Liability for breach of fiduciary duty


 


Amy Z israeloctavius@gmail.com

1:13 PM (0 minutes ago)
to Joanna

your script
your honor, this is a very old case.   miss kush was charged  for the first time ever in APRIL 2019.
she has not been in trouble since, theres nothing pending against her

motion to dismiss, that item was not found in her possession


so pretty much in a land where my speech is free

and my cooperation is welcomed and received
and no stolen weapon was found one me
you should dismiss this case


because of my background as an licensed insurance agent who insured firearms and everything else you see....I, IMO had a duty (vested interest) to recover ..............(i put in time) (to make insurance company succeed) 

WOULD I have eventually,.........called the cops about it to see if it was stolen?
to get it back to the insurance company to get back to the fool who didnt secure it.......probably
because i dont want other peoples stuff at all

imo, there has to be a way for people to recover stolen items for the insurance company...without they themselves being arrested for holding it

im just saying, im not a lay person
im not a common criminal
i am ordained 
i was agent of the state  (authority in life, health, property)


and because the last email i sent you saying a statute that i dont even have to register anything
imo, its no crime to buy a gun off your neighbor

it is a crime to steal a gun off your ex gf  imo


i have an inside belief...that  since.... the cops said it was stolen........ i should and did cooperate with the police so they can find out who the thief is
(i mean other than stephen) 


was this all a set up from j the ci?
did he  and his girl knowingly sell me a stolen weapon
thats a crime???
selling stolen weapons its probably a crime

alls i know, them sheas do clean outs
they clean out homes..............for all i knew they found that gun in one of houses.

i didnt believe he stole it.
he had alot of money from being a kids for cash kid

btw them sheas are also sick
i mean, because they touched all these ...other peoples mattresses and stuff  in the clean outs for their business called WE HAUL

they got the bugs too
jerrys bugs... they call  ALS,  lou gerrigs disease

us people with bugs .....are like hybrids  half human, have bug


good morning

im just saying im not a threat out here alone
heres my website what i do all day in quarantine, 



 



the only guilty deal i would take would be one that has a penalty of death. immediate death. 

i dont want to suffer in jail
liberty or death ....somebody once said

i dont think the people engaged in such heinous crimes as laid out in the counter claim should be punishing anyone.  js

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