On October 1, Mark Vance Halburn, in his continuing desperation to regain custody or even visitation of his estranged son, filed suit against a laundry list of defendants. This time in Nicholas County.
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| Nicholas County Courthouse in Summersville |
It's a rehash of all of the numerous other losing appeals he has filed since his divorce was final in 2013. And all of the items have been previously decided. Res judicata.
He's just attempting to re-litigate the whole thing in a new venue.
This guy is living like a vagrant in South Carolina but he has the time to drive to Nicholas County and file this complaint. He's got a lot of nerve filing this whacko lawsuit when he's got a petit larceny charge in Dunbar hanging over him.
Oddly enough, the address he gave in the filing is in Dunbar. He hasn't lived in West Virginia since January.
He names the usual gang of suspects, his second ex-wife, the judge in his never ending family court case, the guardian ad litem assigned to the son, officials of the WV Nazarene Church, the church itself and 100 unnamed individuals who Halburn imagines have wronged him.
And it looks like he's representing himself again. A fool for a client.
Any Judge worth a grain of salt, will throw this case out on a motion to dismiss.
Lets get right to his complaint.
It's a pretty bold legal move claiming a sitting family court Judge lied. That should gain major style points with fellow judges.
The judge and the guardian ad litem have immunity so any of that is a moot point.
He was also been ordered by Judge Keller not to discuss the case and not file anything without a lawyer. Not sure how this affects that.
You know it's Halburn because there are words in all caps and lots of exclamation points scattered throughout the suit. Lawsuits filed in the Microsoft Word default font really mean business!
Plus he calls everyone names. Who does that in a legal filing but him?
How does that help if he ever wants to see his kid again?
Was the guy drunk when he drafted this?
He also must have just learned what the word triplicate means because he used it like 5 times.
Nazarene vendetta
Halburn's vendetta against the Nazarene Church may have started with his hatred of Charleston pediatrician Joseph Matusic when they attempted to locate a daycare at Teays Valley Nazarene Church. It intensified when his second ex-wife wanted to send her son to the WV Nazarene Camp in Summersville.
Now, in his paranoid mind, church officials have conspired with the judge, his second ex-wife and various other unknown and unnamed individuals in order to deprive him of his parental rights.
Note to fatboy: Crazy people don't get to keep or visit their kids.
Shiny Object
Then he serves up an affidavit from a guy at the Nicholas Health Department that he undoubtedly went and browbeat the guy into signing.
Halburn hangs his hat on the statement:
"I did not observe Mr. Halburn taking photographs of the building."
He obviously stopped reading there.
Because the next sentence is the real payoff:
"However, I was not in the company of Mr. Halburn during the ten-minute inspection period, so I can attest to neither Mr. Halburn's whereabouts or actions during that time."
It’s like the fat bastard didn’t even read that sentence. Because of course he didn’t.The last sentence basically negates the whole affidavit.
All Halburn sees is the guy saying he never entered the building. Shiny object.
Then he serves up an affidavit from a guy at the Nicholas Health Department that he undoubtedly went and browbeat the guy into signing.
Halburn hangs his hat on the statement:
"I did not observe Mr. Halburn taking photographs of the building."
He obviously stopped reading there.
Because the next sentence is the real payoff:
"However, I was not in the company of Mr. Halburn during the ten-minute inspection period, so I can attest to neither Mr. Halburn's whereabouts or actions during that time."
It’s like the fat bastard didn’t even read that sentence. Because of course he didn’t.The last sentence basically negates the whole affidavit.
All Halburn sees is the guy saying he never entered the building. Shiny object.
He also demands that ownership of the Nazarene Camp must permanently be given to him and all expenses, operating costs, staff and manager costs, maintenance and mortgages related to the camp must be paid by the Nazarene Church.
He's also asking for the Court to grant him full custody of his son, which is something the Nicholas County Court has zero control over. Plus , he wants his second ex-wife to pay HIM child support and repay the paltry amount ($177 per month) he has been forced by the court to contribute toward his son's support.
Damages
Halburn demands that all parties must each be ordered to, immediately, pay $1 trillion in compensatory damages, $10 trillion in punitive damages and $1 trillion, trillion in damages for violating his civil rights.Damages
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| Even this much is not enough for Halburn's greed. |
And if that's not enough, the greedy bastard demands that Judge Keller pay triple that!
He's also asking for Keller to be permanently imprisoned.
This is comedy of the highest grade. This guy takes the cake, hands down.
Dead mother
Halburn has said and done a lot of crazy things.
But the craziest is his ongoing demand that the court revive the cremated corpse of his mother almost six years after her death.
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| Halburn's mom was not available for comment |
And now he's brought it up again.
"Therefore, this court must order my second ex-wife, Mike Kelly and Patricia Keller to put Mark and (the son) on a charter jet, immediately, upon receipt of this filing, for a final visit. Whatever extraordinary means that my second ex-wife, Kelly and Keller must undertake to make Nancy Halburn available for the final visit are the problems of my second ex-wife, Kelly and Keller and must be paid for at their expense!"
Hmmm. Yeah. Not crazy at all. Not. At. All.
The parties who are named have 20 days after service to respond, assuming he’s served anyone with the complaint. A real lawyer uses a process server, but he doesn’t have the money. In the past he's gotten his drunk, child beating buddy or his child molesting pal to do it.
Someone should move for sanctions for even having to respond to his nonsense. In some situations if a party is penniless, or if they frequently file frivolous suits, those sanctions can mean jail time.
It’ll be fun to see what happens, especially what the family court judge (who has 100% immunity) does. This guy’s never going to see his kid again.
Keller could very well throw him back in jail again for filing this without a lawyer. Especially since it's things that she's already ruled on.
Our understanding is the clock starts over again on the 18 months visitation ban with his son if he violates her order.
This lawsuit just demonstrates that he is the most deranged he’s ever been. At this point, it’s literally just him using all caps, calling names, and asking for a million trillion dollars because of a personal vendetta with the Nazarene Church.
Halburn has never been self aware but this time it’s just too much. He’s too blind to realize this is doing to do big time damage to him ever seeing his kid again.
He is his own worst enemy. And he can't see that.
The weekly counseling he was ordered to get for the Matusic case doesn't seem to be helping.
Someone should move for sanctions for even having to respond to his nonsense. In some situations if a party is penniless, or if they frequently file frivolous suits, those sanctions can mean jail time.
It’ll be fun to see what happens, especially what the family court judge (who has 100% immunity) does. This guy’s never going to see his kid again.
Keller could very well throw him back in jail again for filing this without a lawyer. Especially since it's things that she's already ruled on.
Our understanding is the clock starts over again on the 18 months visitation ban with his son if he violates her order.
This lawsuit just demonstrates that he is the most deranged he’s ever been. At this point, it’s literally just him using all caps, calling names, and asking for a million trillion dollars because of a personal vendetta with the Nazarene Church.
Halburn has never been self aware but this time it’s just too much. He’s too blind to realize this is doing to do big time damage to him ever seeing his kid again.
He is his own worst enemy. And he can't see that.
The weekly counseling he was ordered to get for the Matusic case doesn't seem to be helping.
PutnamLIES.com will have more on this story as it develops.
Read the whole complaint here:
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