Ronnie Ebony Turner, (Plaintiff),
444 Maryland Avenue
P.O. Box 34318
Essex, Maryland 21221
Email: Missronnie99@yahoo.com
V.
Herbert Gustavus Sowe, (Defendant/Obligor)
11620 Reisterstown Road #210
Reisterstown, Maryland 21136
Email: Boltondelta@gmail.com
IN THE CIRCUIT FOR
BALTIMORE COUNTY
401 BOSLEY AVENUE
TOWSON, MARYLAND 21204
Circuit Court Case #: 03-C-18-002091
CSEA Case # 800161737
REQUEST TO TAKE JUDICIAL NOTICE OF ADJUDICATIVE FACTS
COMES NOW, Appellant HERBERT GUSTAVUS SOWE, pro se, and files this
Request to Take Judicial Notice of Adjudicative Facts pursuant to Md. R. Evid. 5-201.
According to Md. R. Evid. 5-201(b), “[a] judicially noticed fact [is] one not
subject to reasonable dispute in that it is either (1) generally known within the territorial
jurisdiction of the trial court or (2) capable of accurate and ready determination by resort
to sources whose accuracy cannot reasonably be questioned.”
Md. R. Evid. 5-201(c) further provides for the discretion of the court to take
judicial notice, whether requested or not.
Accordingly, Appellant requests that the court takes judicial notice of the
following:
2
1. The Department of Justice’s letter dated March 14, 2016, which shows the
department’s committed to assisting state and local courts in their efforts to
ensure equal justice and due process for all those who come before them.
2. The United States Constitution Article VI Supremacy Clause, which provides that
every State Judge is bound to uphold the Laws of the Constitution and State
Laws. The said Article provides in pertinent part thus:
This Constitution, and the Laws of the United States which shall
be made in Pursuance thereof; and all Treaties made, or which
shall be made, under the Authority of the United States, shall be
the supreme Law of the Land; and the Judges every State shall be
bound thereby, any Thing in the Constitution or Laws of any State
to the Contrary notwithstanding.
3. The Debt Collection Practices (Regulation F), 86 Fed Reg. 5766 (Jan. 19, 2021),
which clarifies the information that a debt collector must provide to a consumer at
the outset of debt collection communications, prohibits debt collectors from
bringing or threatening to bring a legal action against a consumer to collect a
time-barred debt, and requires debt collectors to take certain actions before
furnishing information about a consumer’s debt to a consumer reporting agency.
4. The Federal Debt Collection Practices Act (U.S.C. 15 §§ 1692-1692p) and The
Maryland Consumer Debt Collection Act (Md.Code Ann., Com. Law, § 14-201 et
seq).
5. Appellant received an Income Withholding for Support NCP dated September 13,
2022.
3
6. The Income Withholding is in addition to the $950.00 Child Support payment that
the Appellant is remitting monthly via the CSEA. The only difference this time is
that the CSEA wanted an additional $450.00 monthly on top of the $950.00
monthly Child Support amount that they were already collecting from Appellant.
7. Appellant filed a Motion for a Modification on January 14, 2019. Consequently,
on April 4, 2019, Appellant filed and served a request to set Hearing/Trial on the
Motion to Modify Child Support.
8. A Court Hearing was scheduled.
9. Appellant attended the scheduled Court Hearing only to learn that it was
postponed without any notice sent to him. However, it was reported that it was
held and concluded when in actuality it never occurred. No court hearing was
ever scheduled after the postponement, which necessitated Appellant to request a
Verification and Validation of Debt, since Appellant was unemployed during this
period.
10. Appellant can prove his reported Federal and State Income Tax earnings for the
years he was unemployed.
11. On May 12, 2020 and July 28, 2022 an Exception to the Magistrate’s Ruling was
filed with the Circuit Court. Once again, it was postponed/reset with no rulings,
and with no good cause.
12. CSEA referred Appellant’s name to the Motor Vehicle Administration.
4
13. On July 5, 2022, Appellant received a letter from the Maryland Department of
Transportation, Motor Vehicle Administration, which notified Appellant of the
suspension of his driving license.
14. On July 25, 2022, Appellant’s driving license was suspended, in violation of
Appellant’s due process rights.
15. Consequently, Appellant requested a Debt Verification and Validation of the Debt
following his receipt of the Withholding for Support NCP dated September 13,
2022.
16. Appellant responded with a Notice of Opportunity to Prove Claim dated October
5, 2022 providing the Child Support Enforcement Administration thirty days to
respond to the Validation of the Debt and Proof of Claim. No response was ever
received.
17. Appellant sent a follow-up Letter entitled “Following-Up on a Notice of
Opportunity to Prove Claim – Presentment Income Withholding for Support
NCP”, dated November 12, 2022. During this period an additional fifteen days
was provided following the initial thirty days provided. Once again, this gave
them the opportunity to Validate the Debt and Prove the Claim. No response was
ever received.
18. After 45 days of not receiving any response from the CSEA validating the debt
and proving the claim, Appellant resorted to filing a Motion for Summary
Judgment in accordance with the Fair Debt Collection Practices Act 15 U.S.C. §§
1692-1692p, showing that there is no genuine issue of material fact.
5
19. Appellant asked the Circuit Court to issue a Summary Judgment on at least one of
the claim.
20. The Trial Court never set a hearing date for Appellant’s Motion for Summary
Judgment.
21. On December 30, 2022, the Judge issued a decision denying Appellant’s Motion
for Summary Judgment.
22. The Court did not provide any written reasons for the denial of the motion.
23.
WHEREFORE, Appellant respectfully requests that the Court grants this Request
to take Judicial Notice as requested herein.
Respectfully submitted,
Dated: __________
___________________________
HERBERT GUSTAVUS SOWE
11620 Reisterstown Road #210
Reisterstown, Maryland 211136-6222
443-381-9311
Boltondelta@gmail.com
Appellant, pro se
6
CERTIFICATE OF SERVICE
The undersigned hereby certifies that he served a copy of the foregoing on counsel
for the Appellee by depositing a copy, contained in a first-class postage-paid wrapper or
envelope, at an office of the United States Postal Service, addressed as follows:
SUSAN PARKS
CHILD SUPPORT ADMINISTRATION
211 Schilling Road Suite 102
Hunts Valley, Maryland 21031
Appellee’s Attorney
___________________________
HERBERT GUSTAVUS SOWE
11620 Reisterstown Road #210
Reisterstown, Maryland 211136-6222
443-381-9311
Boltondelta@gmail.com
Appellant, pro se
At Legal writing experts, we would be happy to assist in preparing any legal document you need. We are international lawyers and attorneys with significant experience in legal drafting, Commercial-Corporate practice and consulting. In the last few years, we have successfully undertaken similar assignments for clients from different jurisdictions. If given this opportunity, The LegalPen will be able to prepare the legal document within the shortest time possible. You can send us your quick enquiry ( here )