Advantage Conferences II

"Buy 1 for yourself and get the chance to sell your friends and family 5 and get your downline started!" We examine the multi-level marketing industry, where only the people who come up with the ideas make any money, and everybody else is left unhappy, broke, and tired of reading scripts and selling overpriced vitamins and similarly worthless products. Includes Global Prosperity, Pinnacle Quest International, IRS Codebusters, Stratia, and other new Global Prosperity scams.

Moderator: wserra

soapboxmom
Matriarch of the Networked Soap Sales
Posts: 525
Joined: Thu Sep 01, 2005 1:00 am

Re: Advantage Conferences II

Post by soapboxmom »

Cobalt Shiva ,

Some reps and I have complained to a certain 3 letter agency and have gotten letters back from the Treasury Department. I don't think much money at all passes through Darnell's hands, but some of what little that does will be subject to the scrutiny of at least one of those "major governmental" agencies as Timmy Darnell calls them.

Timmy, Jack and their lawyer Jason aren't feeling the love anymore. It seems they don't appreciate the fine investigative work and truth telling we do here. They are complaining about public record going up here. Now, I can't imagine how all the court documents for their current legal adventure could end up public.

Funny how transparent, Christian, honest men of integrity seem to have so much to hide. Shouldn't all those various company records exonerate the boys and impeach me if I am so full of hatred and tell vicious lies as they claim? I must be confused again. :roll:

Soapboxmom

P.S.

Timmy devoted a quite lovely page just to me. I think the boy is coming a bit unhinged. He accuses reps that ask questions of having "mental situations." He might be having one of those himself. We should all pray for him.

http://www.advantageconferences.com/vip/opposition.asp
soapboxmom
Matriarch of the Networked Soap Sales
Posts: 525
Joined: Thu Sep 01, 2005 1:00 am

Re: Advantage Conferences II

Post by soapboxmom »

Now, Timmy says:
The Treasures for the Kingdom Foundation (TFK) was established in December of 2005 under the Texas Non-Profit Corporation Act*. The organization has been instrumental in providing ministry, service, and financial aid in several different areas:

Displaced Individuals: Funds from the Foundation are often used for extreme emergency situations involving displaced individuals who have lost their income and are facing homelessness and/or severe financial challenges. Multiple individuals have been saved from electricity/utilities termination and/or eviction with funding provided by TFK. This week, for instance, funds are being sent to a blind man who has been living in his car with his wife.

Gift of Service: Funds have also been used to renovate several homes of individuals whose meager incomes prohibit the ability to repair or upgrade their living conditions. For example, two renovated home projects were recommended to the Foundation by the ministry of Cottonw**d Creek Baptist Church. Representatives from the Allen based company, Advantage Conferences, provided the labor, and TFK raised the monies needed to complete those extensive renovations. Another recipient of the Gift of Service Project was an after-school activities house in a drug infested ghetto district of Orlando, Florida. Children now have a place to spend afternoon hours away from the hostile environment while their parent(s) are not at home.

God’s Child Project: Funds are also used for the God’s Child Project, a charitable organization based in Bismarck, ND. One of the most efficiently run ministerial/service organizations in existence (to our knowledge), the GCP has been instrumental in clothing, feeding, providing medical treatment, and educating children in third world countries (primarily Guatemala) for more than 15 years and is a model for ministries worldwide.

Principle: TFK is operated by Tim Darnell, a business owner from Allen, Texas, who has raised monies for the GCP since 1992. The Dreamer Center, GCP’s beautiful 3-story educational facility, was named in honor of Mr. Darnell’s singing group, Dreamer, after their group purchased the land for the school and raised significant dollars to fund the GCP for more than a decade.

The Messenger: TFK is also associated with Mr. Darnell’s free, weekly, electronically delivered, Christ-centered newsletter, The Messenger. In 2006, The Messenger was responsible for over 200 prayers of salvation and over 1,000 commitments from individuals to read the Bible from beginning to end (The Cover to Cover Campaign). The Messenger is now in its fourth year of weekly publication.

Donations
All donations are greatly appreciated and will be put to good and discretionary use. There is less than 2% spent on administrative expenses with this Foundation, an unusually low amount as non-profit entities go. If you would like to donate to the Treasures for the Kingdom Foundation, you may make your check payable to TFK, and send your tithe or check to:

Treasures For the Kingdom Foundation
1513 Home Park Dr
Allen, TX 75002

You can easily make your donation(s) via PayPal. All donations are 100% tax deductible. Here’s what you do:

Access your PayPal account. (If you don’t have one, you can easily set one up at no charge – http://www.PayPal.com)
Go to the “Send Money” tab
When asked for the e-mail address to send to, use: TreasuresKingdom@sbcglobal.net
Enter the amount you would like to donate

*Correction: I had originally posted that the Treasures for the Kingdom Foundation was a “501c3”. The official minutes in the organization documentation produced by our accounting firm use the term, “501c3” on several occasions, but even so, that doesn’t make TFK an official 501c3 entity, as assumed. TFK is a tax-exempt organization like a 501c3, and it has tax filing considerations and treatment like a 501c3 as stated in the minutes (see examples of that language below), but it derives its tax exempt status by virtue of another provision, namely the Texas Non-Profit Corporation Act (see the language taken from Articles of Incorporation below).

To clarify, the “Treasures for the Kingdom Foundation is incorporated under the Texas Non-Profit Corporation Act, and is an Integrated Auxiliary of Cottonw**d Creek Baptist Church.”

From ARTICLE IV in the Articles of Incorporation filed in the Office of the Secretary of State of Texas December 16, 2005: “It is organized exclusively for charitable, religious, education, and scientific purposes, including but not limited to the making of distributions to organizations that qualify as exempt organizations under Section 501c3 of the Internal Revenue Code, or any corresponding provision of any future federal tax code.”

Further, in ARTICLE V: “…the corporation shall not carry on any other activities not permitted to be carried on (a) by a corporation exempt from federal income tax under Section 501c3 of the Internal Revenue Code, or any corresponding provision of any future federal tax code, or (b) by a corporation, contributions to which are deductible under Section 170c2 of the Internal Revenue Code, or any corresponding provision in any future federal tax code.”

Further, in ARTICLE VI: “Upon the dissolution of the corporation, assets shall be distributed for one or more exempt purposes within the meaning of Section 501c3 of the Internal Revenue Code, or any corresponding provision of any future federal tax code, or shall be distributed to the federal government, or to a state or local government, for a public purpose.”

All donations made to TFK are fully tax deductible for the donors and are greatly appreciated.

Contact your Pro Rep at: office@advantageconferences.com
or complete the online Interest Form
Before, Timmy said:
The Treasures for the Kingdom Foundation (TFK) was established in December of 2005 as a 501 (c) (3) non-profit organization

On his first TFK page Timmy wrote:
God calls us to be stewardly with the monies He generously allows us to produce and “handle.” Moreover, it is a God-given responsibility and mandate for you and I to be productive. It is very clear that Jesus would have us be “Ten Talent” men and women (see Matthew 25 – the parable of the talents), people who produce and multiply the resources we are given – and then give it ALL back to the Master!

The Treasures for the Kingdom Foundation is a federally recognized, tax-free 501(c)3 organization dedicated to helping underprivileged families, Christian ministries, disabled individuals, severely ill, and the destitute. Gifts from the Foundation are normally perceived as unexpected and unmerited miracles by the grateful beneficiaries. This Foundation’s service and philanthropy is an attempt to mirror the unfathomable grace that God has given each of us.

Gift of Service

The Millionaire Mindset Treasures for the Kingdom Conferences –and Advantage Conferences Annual Conventions are exciting events that are preceded by a Company activity called, The Gift of Service.

Four days prior to the Conference, AC Reps convene on a home that has been chosen by AC staff members for renovation. Led by AC Reps, Jim Wald (Cocoa, Florida) and Dan Hagen (Carrollton, Texas), along with dozens of AC’s service-minded Reps, the unsuspecting beneficiary family is asked “may we borrow their house for about a week?”

AC Reps are assigned various aspects of the fix-up plan, including tear-out, demolition, removal, plumbing repair and replacement, shelving, appliance replacement, garage door repair or replacement, new front doors and closet doors, painting, or whatever is needed – and THE FUN BEGINS. The end result is that the home is dramatically improved to be more beautiful and functional.

Allen, Texas - January, 2006: AC Reps descended on the home of a single-Mom’s family struggling to make ends meet following a divorce. At first glance it was apparent that the house needed attention - and quickly. The garage door at the front of the house was non-functional, literally hanging diagonally. This was not only an eyesore, but a serious security issue, not to mention a terrible insulation / heating and air conditioning challenge as well. Upon further inspection, it was immediately evident that virtually every square foot of the house posed an opportunity for repair and renewal.

After six full days of work, the result of the combined efforts of more than thirty AC Reps was amazing. The mother, Michele was overwhelmed, delighted, and extremely grateful throughout the process. She says, “I was speechless for the first time in my life!” Afterward, she held a party for her Sunday School Class to see the amazing remodel and make-over – “my new home!”

Michele is thankful to God, Advantage Conferences, and all the Reps for their self-less work. It was a free gift she still doesn’t quite understand. Isn’t that how God’s grace is – simply too good to understand!

Orlando, Florida: March, 2006: The week prior to the Millionaire Mindset Treasures for the Kingdom Conference, work began on the recently purchased home of the Orlando based, Mending Hearts Charity. Founder, Stephanie Richards ministry needed a recreation and crafts center for children of low-income parents in the afternoons while the parent(s) worked.

Nestled in the middle of a drug-infested neighborhood of the “hood” in Orlando, Ms. Richards has dedicated her life to cleaning up bad neighborhoods. We salute her lifetime of ministry and service.

New cabinets, doors, windows, a dish-washer, and a full paint job (among many other improvements) all physically accomplished by AC Reps, helped Ms. Richards achieve her dream! The Gift of Service Project seeks no publicity or accolades. It is simply a great way for Advantage Conferences Reps to get their hands dirty and change many peoples’ lives!

The next Gift of Service event will occur the week of October 22nd prior to the Millionaire Mindset Conference in Dallas, Texas – October 27-28.

All donations are greatly appreciated and will be put to good and discretionary use. There is less than 2% spent on administrative expenses with this Foundation, an unusually low amount as non-profit entities go. If you would like to donate to the Treasures for the Kingdom Foundation, you may make your check payable to TFK, and send your tithe or check to:

Treasures For the Kingdom Foundation
1513 Home Park Dr
Allen, TX 75002

You can easily make your donation(s) via PayPal. All donations are 100% tax deductible. Contact your Pro Rep at: office@advantageconferences.com
or complete the onlineInterest Form
Jack said on 6/07/2006:
SoapBoxMom, Treasures for the Kingdom is in fact a registered 501 (c)(3) You and your minions here need some help. None of you have been to an event, let alone 2 or 3 of them, none of you have been at the Day of Service, none of you believe that faith should be part of one's business and daily walk, enough said. My best to you today.
---------------------------------------------------

SoapBoxMom, you are incredible. Do you think since this is a newer 501 (c) (3) that was put in place in early 2006 that it may not be in the IRS website yet? Yes, people will create a website for all to see, take and make donations and not setup the 501 (c) (3) that is fairly quick and inexpensive to do so?

Oliver Stone has a new movie coming out and you consipiracy-minded folks will probably be the first in line. You disgust me, but as a believer, I am called to love the unlovable and I will continue to pray for you
---------------------------------------------------------

SoapBoxMom, a person can read through the threads and see three very long posts that are chock full of your inaccuracies. OpenQuestion refuted that I could not call them lies. I disagree when someone knowingly is spreading untruths just to try to instigate others or to serve their end. Also, the fact that Treasures is a registered 501 (c) (3) and many others that AC supports, makes your statements and accusations inaccurrate, whether you personally have the documentation or not. I agree with Phinnly for a change that accountability is on the law side too, but as believers it is even more so. The documentation will be provided to the folks that need it, not to you my friend. You are receiving a lot of prayer these days.
Jack your MBA is worthless. To check a charity one goes to the IRS site and enters the name in the search page. If it does not appear you look through the addendum. If it still is not listed you call the toll free number. The IRS said Treasures for the Kingdom is not listed and Timmy never filed one shred of paperwork. Timmy, federal is the same as national. That means to be federally recognized one must register with the only national agency that does that-----the IRS. Incorporation in the state of Texas is not the same. You could have checked it, Jack. Timmy isn't going to weasel out of this clear deception. Did AC staff members chose the homes for renovation or did the church? I see Timmy's lies are confusing him.

I have been calling the IRS for months. I and several others have reported this sickening lie about being registered to the IRS. The EO classification division of the IRS has detailed reports from several concerned citizens. Timmy, your claim of being registered when you clearly are not will have consequences. We were told Treasures for the Kingdom will be audited. It is not a question of if, but when.

The Texas Non Profit Corporation act Timmy claims to be under says:
Art. 1396-2.23A. FINANCIAL RECORDS AND ANNUAL REPORTS. A. A corporation shall maintain current true and accurate financial records with full and correct entries made with respect to all financial transactions of the corporation, including all income and expenditures, in accordance with generally accepted accounting practices.
B. Based on these records, the board of directors shall annually prepare or approve a report of the financial activity of the corporation for the preceding year. The report must conform to accounting standards as promulgated by the American Institute of Certified Public Accountants and must include a statement of support, revenue, and expenses and changes in fund balances, a statement of functional expenses, and balance sheets for all funds.
C. All records, books, and annual reports of the financial activity of the corporation shall be kept at the registered office or principal office of the corporation in this state for at least three years after the closing of each fiscal year and shall be available to the public for inspection and copying there during normal business hours. The corporation may charge for the reasonable expense of preparing a copy of a record or report.
D. A corporation that fails to maintain financial records, prepare an annual report, or make a financial record or annual report available to the public in the manner prescribed by this article is guilty of a Class B misdemeanor.
Timmy, you have those documents ready for me to view and copy in a week. I am headed your way! It is time for that accountability Jack so prizes. This wouldn't qualify as charity fraud, would it boys?

Soapboxmom
soapboxmom
Matriarch of the Networked Soap Sales
Posts: 525
Joined: Thu Sep 01, 2005 1:00 am

Re: Advantage Conferences II

Post by soapboxmom »

http://www.irs.gov/pub/irs-pdf/p1828.pdf
Integrated Auxiliary Of A Church. The term integrated
auxiliary of a church refers to a class of organizations that are related
to a church or convention or association of churches, but are not
such organizations themselves. In general, the IRS will treat an
organization that meets the following three requirements as an
integrated auxiliary of a church. The organization must:
■ be described both as an IRC section 501(c)(3) charitable
organization and as a public charity under IRC sections 509(a)(1), (2), or (3),
■ be affiliated with a church or convention or association of
churches, and
receive financial support primarily from internal church sources as opposed to public or governmental sources.
Timmy said:
To clarify, the “Treasures for the Kingdom Foundation is incorporated under the Texas Non-Profit Corporation Act, and is an Integrated Auxiliary of Cottonw**d Creek Baptist Church.”
http://ecpa.cpa.state.tx.us/coa/serv...ID=32018750417
Entity Information: TREASURES FOR THE KINGDOM FOUNDATION AN INTEGRATED
1513 HOME PARK DR
ALLEN, TX 75002-4585

Status: IN GOOD STANDING NOT FOR DISSOLUTION OR WITHDRAWAL through May 15,
Registered Agent: TIMOTHY S DARNELL
1513 HOME PARK DR.
ALLEN, TX 75002
Registered Agent Resignation Date:
State of Formation: TX
File Number: 0800585394
SOS Registration Date: December 16, 2005
Taxpayer Number: 32018750417

DIRECTOR LAURA A PORTER
1513 HOME PARK DRIVE
ALLEN , TX 75002

DIRECTOR ROBERT L WARD
5495 BELTLINE ROAD SUITE 290
DALLAS , TX 75254

DIRECTOR TIMOTHY S DARNELL
1513 HOME PARK DRIVE
ALLEN , TX 75002
Funny, no other church members are listed as directors and your Treasures for the Kingdom Foundation has never appeared on the church's website. You didn't mention your church at all on the early webpages for the Treasures for the Kingdom Foundation. If you are integrated with them, why is that, Timmy? That should have been disclosed from the beginning. Your required public disclosure documents should reflect the majority of donations from your "parent organization" Cottonw**d Creek Baptist Church. I can't wait to see all the names of contributors from your church.

Soapboxmom
soapboxmom
Matriarch of the Networked Soap Sales
Posts: 525
Joined: Thu Sep 01, 2005 1:00 am

Re: Advantage Conferences II

Post by soapboxmom »

The IRS says:
IRS Approval of Exemption Application
If the application for tax-exempt status is approved, the
IRS will notify the organization of its status, any requirement
to file an annual information return, and its eligibility
to receive deductible contributions.
The IRS does
not assign a special number or other identification as evidence
of an organization’s tax-exempt status....
Quote:
Churches and religious organizations, like many other
charitable organizations, qualify for exemption from
federal income tax under IRC section 501(c)(3) and
are generally eligible to receive tax-deductible contributions....

Church Exemption Through
a Central/Parent Organization
A church with a parent organization may wish to contact
the parent to see if it has a group ruling. If the parent
holds a group ruling, then the IRS may already recognize
the church as tax exempt. Under the group exemption
process, the parent organization becomes the holder of
a group ruling that identifies other affiliated churches or
other affiliated organizations
. A church is recognized as
tax exempt if it is included in a list provided by the parent
organization. The parent is then required to submit
an annual group exemption update to the IRS in which
it provides additions, deletions, and changes within the
group. If the church or other affiliated organization is
included on such a list, it does not need to take further
action to obtain recognition of tax-exempt status.
An organization that is not covered under a group ruling should contact its parent organization to see if it is eligible to be included in the parent’s application for the group ruling. For general information on the group exemption process, see Revenue Procedure 80-27,
1980-1 C.B. 677.
Timmy, show us the documents in your possession that state Treasures for the Kingdom is eligible to receive deductible contributions. Show us the paperwork your parent organization, Cottonw**d Creek Baptist Church prepared that includes the Treasures for the Kingdom as an affiliated organization and allows it to receive tax deductible contributions. I expect those documents up here or released to me when I visit the corporate headquaters for Treasures. It is high time for some documentation that contributions are tax deductible.

Soapboxmom
soapboxmom
Matriarch of the Networked Soap Sales
Posts: 525
Joined: Thu Sep 01, 2005 1:00 am

Re: Advantage Conferences II

Post by soapboxmom »

IRS says:
(h) Integrated auxiliary—(1) In general. For purposes of this title, the term integrated auxiliary of a church means an organization that is—

(i) Described both in sections 501(c)(3) and 509(a) (1), (2), or (3);

(ii) Affiliated with a church or a convention or association of churches; and

(iii) Internally supported. (receive financial support primarily from internal church sources)

(2) Affiliation. An organization is affiliated with a church or a convention or association of churches, for purposes of paragraph (h)(1)(ii) of this section, if—

(i) The organization is covered by a group exemption letter issued under applicable administrative procedures, (such as Rev. Proc. 80–27 (1980–1 C.B. 677); See §601.601(a)(2)(ii)(b)), to a church or a convention or association of churches;

(ii) The organization is operated, supervised, or controlled by or in connection with (as defined in §1.509(a)–4) a church or a convention or association of churches; or

(iii) Relevant facts and circumstances show that it is so affiliated.

(3) Facts and circumstances. For purposes of paragraph (h)(2)(iii) of this section, relevant facts and circumstances that indicate an organization is affiliated with a church or a convention or association of churches include the following factors. However, the absence of one or more of the following factors does not necessarily preclude classification of an organization as being affiliated with a church or a convention or association of churches—

(i) The organization's enabling instrument (corporate charter, trust instrument, articles of association, constitution or similar document) or by-laws affirm that the organization shares common religious doctrines, principles, disciplines, or practices with a church or a convention or association of churches;

(ii) A church or a convention or association of churches has the authority to appoint or remove, or to control the appointment or removal of, at least one of the organization's officers or directors;

(iii) The corporate name of the organization indicates an institutional relationship with a church or a convention or association of churches;

(iv) The organization reports at least annually on its financial and general operations to a church or a convention or association of churches;

(v) An institutional relationship between the organization and a church or a convention or association of churches is affirmed by the church, or convention or association of churches, or a designee thereof; and

(vi) In the event of dissolution, the organization's assets are required to be distributed to a church or a convention or association of churches, or to an affiliate thereof within the meaning of this paragraph (h).

(4) Internal support. An organization is internally supported, for purposes of paragraph (h)(1)(iii) of this section, unless it both—
Timmy said:
To clarify, the “Treasures for the Kingdom Foundation is incorporated under the Texas Non-Profit Corporation Act, and is an Integrated Auxiliary of Cottonw**d Creek Baptist Church.”
Your church, Timmy, does not list Treasures for the Kingdom anywhere.

http://www.cottonwoodcreek.org/missions/faqs.htm

http://www.cottonwoodcreek.org/missi...20missions.htm

http://www.cottonwoodcreek.org/missi...ministries.htm

I think the implications here are obvious! Show us the documents proving Cottonw**d Creek operates, supervises or controls Treasures and that it is in a group exemption letter!

Read the above provisions that define an integrated auxiliary. Cottonw**d Creek has no idea what Treasures for the Kingdom is. It is not on the website, endorsed, supported or a functioning part of the church as far as they are concerned. The staff member who mans the phones is trying to figure out what the heck I was talking about. The whole story behind this will be out soon. I have spoken at length to the pastors before and I will certainly do so again. They have documentation of everything else including the All Star bankruptcy, your advertising claims and the Better Business Bureau suit papers etc. I am sure they would appreciate information about their alleged auxiliary organization.

Soapboxmom
soapboxmom
Matriarch of the Networked Soap Sales
Posts: 525
Joined: Thu Sep 01, 2005 1:00 am

Re: Advantage Conferences II

Post by soapboxmom »

Treasures for the Kingdom has 3 directors including Tim listed with the state of Texas. The director I spoke with had not seen Tim in 2 years and he lives in town. He is not a member of the church either. So, I would love to see the minutes from the board meetings that it appears never happen. Treasures appears to be little more than a tool for Tim to line his own pockets with no accountability and oversight!

Tidbits from the website of Tim's church which has never listed the Treasures for the Kingdom Foundation on its website, although Tim insists he is affiliated with them in the manner prescribed by the IRS:
Criteria for partnership:

Commitment to follow God's leadership

Commitment to accountability with Cottonw**d Creek including monthly updates on ministry involvement and actions

Reputable organization (must be associated with a reputable organization with the same doctrinal beliefs and passion for evangelism)

Cottonw**d Creek Baptist Church considers each of our partnerships vital and necessary and we will evaluate all partnerships based on such criteria. We are excited to join together with so many whose hearts' desire to see God's love spread throughout the world!
Timmy officially stating on his page that he is an auxiliary of his church is quite a can of worms. Depending on what he has done behind their back he could have put their tax exempt status in question or danger. There may be all sorts of implications and expensive problems associated with his folly. When will this AC Titanic finally hit bottom and the suffering end? How many more good trusting people will be hurt by this master manipulator?

There have been dozens of phone calls about you putting the church on your website as part of your scam,Timmy. The burning question many asked is why you victimized that large church with many wealthy members. You should have used your dad's church to set up Treasures. I take it Dr. Darnell and Frisco Central Christian wanted no part of your shenanigans. No church should let you seek out victims among their flock for any of your schemes.

Soapboxmom
soapboxmom
Matriarch of the Networked Soap Sales
Posts: 525
Joined: Thu Sep 01, 2005 1:00 am

Re: Advantage Conferences II

Post by soapboxmom »

CAUSE NO. 08-06317

TIM DARNELL

IN THE DISTRICT COURT

Plaintiff,

DALLAS COUNTY, TEXAS
v.

HEATHER DOBROTT

Defendant.

193 rd.JUDICIAL DISTRICT

TEMPORARY RESTRAINING ORDER

On this 9 day of June, Plaintiff Tim Darnell, having presented

to the Court Plaintiff’ Application for Injunctive Relief

(the "Application") as set forth in Plaintiff s Original Petition

and Application for Injunctive Relief (the "Petition") filed with

the Court in the above-referenced action, and the Court,

having considered the facts set forth in the Application, and

the applicable law, finds that a Temporary Restraining Order

should be granted against Defendant Heather Dobrott in order

to prevent immediate and irreparable harm, injury, loss, or

damage to Plaintiff, as set forth in the Petition and Application.

The Court finds that without the issuance of an injunction or

restraining order, Plaintiff will be irreparably harmed by, among

other things, the fact that (1) he will have no means of

preventing future disparaging remarks from Defendant or the

current comments that are ongoing torts; (2) he will be

unable to discourage Defendant from bragging about

committing torts against Plaintiff on the internet and

encouraging others to commit torts; (3) he will be unable to

understand the number of defamatory acts (and to whom

they are communicated to) and will lose an incalculable and

unknown amount of business; (4) he may have to suffer from

further harms to his reputation and cancel an upcoming

conference; (5) he will be unable to ever know the

extent of loss of their reputation or which clients were

affected by this and will be unable to calculate the losses and

be awarded sufficient monetary damages; and (6) he will be

unable to prevent future invasions of his and his family's

privacy and confrontations involving Defendant discussing

Plaintiff to third parties.

The Court, having found that Plaintiff has demonstrated the

likelihood of success on the merits of their claims and a

balancing of the equities favoring the issuance of a

Temporary Restraining Order and Temporary

Injunction against Defendant to prevent immediate and

irreparable harm or damage to Plaintiff, orders as follows:

IT IS ORDERED, for a period not to exceed fourteen (14) days

after the signing of this Temporary Restraining Order,

Heather Dobrott, including her parents, subsidiaries, affiliates,

officers, agents, directors, servants, employees, attorneys,

and all those persons in active concert or participation with

Defendant, are hereby restrained and/or ordered to perform

as follows:

A. Restrained from any action relating to Plaintiff that

constitutes defamation, invasion of privacy or any other

torts.

B. Restrained from coming within one thousand feet of

Plaintiff's home, business, or locations of meetings that are

not held open to the general public.

C. Restrained from making any communications that result in

either Defendant or the third party making statements as to

Plaintiff's mental health, finances, family, honesty, and

intelligence and restrained from encouraging third parties to

commit torts against Plaintiff.

D. Restrained from making any communications (whether

orally, via facsimile, via telephone, written, on the internet, or

emails) relating to Plaintiff, Plaintiff's attorneys, and Plaintiff's

family), excluding all communications to or from her attorney

or any communications with the police that Defendant feels is

necessary.

E. Restrained from discussing this litigation with third parties

other than her attorney.

F. Ordered to not dispose of any evidence or records relating

to this case, including information identifying the address,

name, and phone numbers of the individuals that she has

made communications to regarding Plaintiff or his business.

G. Restrained from discussing plans with third parties to visit

Plaintiff or confront Plaintiff's Church, friends, family, pastor,

daughter's high school, or other locations related to Plaintiffs

life in Allen.

H. Restrained from visiting Plaintiffs home, Plaintiffs Church,

friends, family, pastor, daughter's high school, or other

locations related to Plaintiffs life in Allen.

1. Restrained from hiding out or spying upon Plaintiff from a distance.

J. Restrained from contacting Plaintiffs business under a

pseudonym or discussing Plaintiff or his business with third

parties using a pseudonym.

K. Restrained from contacting third parties and suggesting

that it is appropriate for anyone, including herself, to contact

anyone at Plaintiff s daughter's school regarding Plaintiff.

1. Restrained from discussing how she humiliated Plaintiffs

family at Allen High School.

IT IS FURTHER ORDERED, that Plaintiffs shall execute and file

a bond to the Defendant with the Clerk of the Court in the

amount of $ 100.00_ as security before issuance of the

Temporary Restraining Order.

IT IS FURTHER ORDERED, that the Rayford Defendants shall

appear before the Court in the Courtroom of the

193 Judicial District Court of Dallas County, Texas, in the City

of Dallas, Texas, at 3: 30 o' clock, p.m., on the 23 day

of June, 2008, for a hearing on Plaintiffs Application for

Temporary Injunction to reign effective until final decree

thereof.

SIGNED, this 9 day of June, 2008 at 3:00 o’clock, p.m.

Judge Presiding

JUDGE 192nd JUDICIAL DISTRICT COURT SITTING FOR JUDGE 193rd JUDICIAL DISTRICT COURT OF DALLAS COUNTY, TEXAS
The judge dissolved the order. Timmy got nothing, nada, zip----exactly zero of what he requested! Looks like Timmy got thrown out on his ear again!

Soapboxmom
User avatar
wserra
Quatloosian Federal Witness
Quatloosian Federal Witness
Posts: 7548
Joined: Sat Apr 26, 2003 6:39 pm

Re: Advantage Conferences II

Post by wserra »

soapboxmom wrote:
CAUSE NO. 08-06317

IT IS ORDERED, for a period not to exceed fourteen (14) days
after the signing of this Temporary Restraining Order,
Heather Dobrott, including her parents, subsidiaries, affiliates,
officers, agents, directors, servants, employees, attorneys,
and all those persons in active concert or participation with
Defendant, are hereby restrained and/or ordered to perform
as follows:

C. Restrained from making any communications that result in
either Defendant or the third party making statements as to
Plaintiff's mental health, finances, family, honesty, and
intelligence and restrained from encouraging third parties to
commit torts against Plaintiff.

D. Restrained from making any communications (whether
orally, via facsimile, via telephone, written, on the internet, or
emails) relating to Plaintiff
, Plaintiff's attorneys, and Plaintiff's
family), excluding all communications to or from her attorney
or any communications with the police that Defendant feels is
necessary.

E. Restrained from discussing this litigation with third parties
other than her attorney.
That's unbelievable, even if "only" in place for two weeks. A prior restraint on non-commercial, non-tortious speech? Has this judge read such cases as Bantam Books, Inc. v. Sullivan, 372 U.S. 58 (1963)? Alexander v. United States, 509 U.S. 544, 550 (1993) ("Temporary restraining orders and permanent injunctions - i.e., court orders that actually forbid speech activities - are classic examples of prior restraints.")? Nebraska Press Ass'n v. Stuart, 427 U.S. 539 (1976)? Is there some constitutional provision of which I am not aware that exempts Texas from the operation of the First Amendment?

Who was the judge that signed this TRO?

SBM, do you have the pleadings in the matter? If you have no place to put them so as to have publicly available links, I do. I think people should see them (not to mention depo transcripts, when they occur.) PM me if necessary.
"A wise man proportions belief to the evidence."
- David Hume
soapboxmom
Matriarch of the Networked Soap Sales
Posts: 525
Joined: Thu Sep 01, 2005 1:00 am

Re: Advantage Conferences II

Post by soapboxmom »

http://www.culthelp.info/index.php?i...tent&task=view

The State of Texas says a pyramid scheme is:
..a plan or operation by which a person gives consideration for the opportunity to receive compensation that is derived primarily from a person's introductions of other persons to participate in the plan ...
FTC declarations have stated that if the majority of the money used to pay the "upliners" is gained primarily from the purchases of the downliners – not from their retail customers – the payments are de facto payments for recruiting. In such cases, the "business opportunity" is not to sell the MLM products but to recruit others into the "business opportunity" in an endless chain. Endless chains are considered "inherent frauds" since they cannot deliver on their promise of income to any but a few at the top; the vast majority are doomed from the start to financial losses; and the schemes must use deception to lure consumers into nearly certain financial losses.
Timmy said under oath there were about 100 reps. He was asked about reatil sales-----sales to customers----sales to people not participating in the pyramid scheme income opportunity. He said under oath on Monday June 23, 2008 there was 1. Let me reiterate that. There was a grand total of one retail sale of the conference product!

I will put up all the papers related to Timmy's latest frivolous lawsuit. We had quite a spirited discussion in front of the judge. Timmy messed with the wrong Mom!

Soapboxmom
soapboxmom
Matriarch of the Networked Soap Sales
Posts: 525
Joined: Thu Sep 01, 2005 1:00 am

Re: Advantage Conferences II

Post by soapboxmom »

Report from the AC November 2007 Conference:
Tim told ** that you stalk him, sit outside his house all hours of the night and watch his family, and that you have made death threats. He told ** that the speakers who backed out did so because you personally threatened them. He also told ** that they were planning to sue you and they had a iron-clad case against you and that Satan is attacking AC.
From Footspteps of Folly (Faith):
...Say the name of Jesus in the marketplace. Do it consistently and watch the demons of hell come out from under the bogs and out of their comfortable cesspools, spewing hideous, wretched venom. Funny thing about those demons – they always prefer to work under the cover of darkness. They’re great at espionage and covert, cowardly hit and run tactics. But, boy, do they hate the light.

We’ve encountered many of those demons on the Internet. They can hurl their lies and hate-filled accusations, saying virtually anything they want about True Believers, their number one targets, because they can denunciate and attempt to destroy with very little fear of reprisal. Virtually all choose to remain anonymous for fear of being exposed! They’ll also resort to other methods, like making phone calls to try to malign and destroy a Believer’s character, business, and reputation, the content of those messages and calls always being jaded, twisted, and oftentimes, malicious lies...

On the Internet, lies are the essence and substance of the attacks. In my case, one such attacker, a Scambuster, has literally and physically stalked me and my top Representative, Jack Weinzierl, for over two years now....She’s made defaming my name and character, including several of our top business associates, a career path. I’m still mystified by her hatred and obsession, but it is indeed the reality we’ve experienced....

This woman has physically followed us on multiple occasions, taken pictures of our homes, taken pictures of our vehicles (why – I have no idea), our families, and most noticeably, posted negative filth about my character and every move I’ve ever made in our Christ-centered business - all on a regular basis....

Stalking (I naively thought that just occurred on television)
Organized Attacks (misery loves company – get others involved in the hate fest).....
Death Threats – oh, yeah, lot’s of bravado on the Internet!
From Tim's first Opposition page:
....She has literally stalked me and our top Representatives...
From Tim's e-mail to his reps October 2007:
...actually included her literal stalking of our homes, my attendance at recreational events, and our public conference events,


From Tim's latest AC Opposition page:
...posting pictures of our top Rep’s homes and cars she “stealthfully” snapped at our events and at their home...yes, but also stalking.
Timmy admitted under oath that he was responsible for all those statements. Tim's attorney submitted that as part of an exhibit. My attorney pulled out that single page and grilled Darnell about it. Darnell said he had never seen me before. It was made very clear that he lied about everything. Is it Christian to make sickening allegations and tell vicious lies that could put my family in danger? Blogging about MLMs on dozens of threads is not stalking!

Below is the more of Tim's published rant against me. He had something to say about liberal judges that I am sure Democrat Carl Ginsberg would have found delightful. I can't imagine why Timmy didn't submit the following as an exhibit.
http://mysite.verizon.net/resurlf0/adva ... /id11.html
Elect Liberal Judges (Justice? – a figment of our imagination. If you don’t believe this one, you’ll be welcomed with a wink and open arms in the courtroom.)

The courts, at least in Texas, are filled with liberal judges, so the anti-Christian, anti-Capitalism, and anti-Republican movement is for all intents and purposes, sanctioned. If you fall under two or three of these classifications, then, all I can say is good luck in a court of law, you’re going to need it.
Soapboxmom
User avatar
wserra
Quatloosian Federal Witness
Quatloosian Federal Witness
Posts: 7548
Joined: Sat Apr 26, 2003 6:39 pm

Re: Advantage Conferences II

Post by wserra »

soapboxmom wrote:Timmy admitted under oath that he was responsible for all those statements.
Transcript?
"A wise man proportions belief to the evidence."
- David Hume
soapboxmom
Matriarch of the Networked Soap Sales
Posts: 525
Joined: Thu Sep 01, 2005 1:00 am

Re: Advantage Conferences II

Post by soapboxmom »

wserra wrote:
soapboxmom wrote:Timmy admitted under oath that he was responsible for all those statements.
Transcript?
The minute I get copies of our first round of battle on Monday June 23, 2008 I will post excerpts here. Too bad the court reporter didn't get the heated exchange out in the hall!

Soapboxmom
soapboxmom
Matriarch of the Networked Soap Sales
Posts: 525
Joined: Thu Sep 01, 2005 1:00 am

Re: Advantage Conferences II

Post by soapboxmom »

CAUSE NO.

TIM DARNELL

Plaintiff,
v.

HEATHER DOBROTT

Defendant.

08-06317
§ § § § § § § § §

IN THE DISTRICT COURT
DALLAS COUNTY, TEXAS
L-193rd JUDICIAL DISTRICT

PLAINTIFF'S ORIGINAL PETITION AND APPLICATION FOR INJUNCTIVE RELIEF

COMES NOW, Tim Darnell ("Plaintiff' or "Darnell") and hereby

files this, Plaintiffs Original Petition and Application for

Injunctive Relief against Heather Dobrott and respectfully

shows this Court as follows:

I.

Discovery Control Plan

1. Discovery is to be conducted under a Level Two Discovery

Control Plan, as provided by Rule 190.2 ofthe Texas Rules of

Civil Procedure.

II.

Parties

2. Tim Darnell is an individual residing at 1513 Homepark Drive,

Allen, Texas 75002, in Collin County, Texas.

3. Defendant Heather Dobrott is an individual residing in Dallas

County, Texas. Ms. Dobrott may be served at her residence

of Garland, Texas 75044.

III.

Venue and Jurisdiction

proper in Dallas County, Texas because a substantial part of

the events or omissions giving rise to the claim

occurred in Dallas County, Texas.

5. This Court has personal jurisdiction over all parties.

6. This Court has subject matter jurisdiction. Plaintiff’s

damages are in excess of the minimum jurisdictional

requirements of this Court.

IV.

Factual Allegations

A. Defendant has posted many defamatory comments

regarding Plaintiff on the internet.

7. Defendant Dobrott has had a history of posting comments

regarding Plaintiff on the internet. Although Defendant

Dobrott and Plaintiff have never met and Plaintiff never

engaged in any commercial transactions with Defendant,

Defendant appears to be obsessed with discussing Plaintiff

with third parties or posting defamatory and untrue

statements regarding Plaintiff on various websites.

B. Defendant has escalated her defamatory comments to

include individual solicitations of third parties and

proactively trying to harm Plaintiff's economic and personal

interests.

8. Defendant Dobrott's obsession with Plaintiff has continued

to escalate to new and dangerous levels. Defendant's

obsession devolved to the point whereby she prepared an

action plan involving many of Plaintiff's personal and business

contacts and began calling them one after another to

dissuade them from associating with Plaintiff and to persuade

them to not honor prior speaking engagements that they had

made with regards to Plaintiff's business. Defendant

researched and either created or maintained data relating to

many individuals who were going to fly into town and speak to

many individuals for the benefit of Plaintiff's reputation and

Plaintiff's business
. Defendant contacted many of

these individuals and convinced them that Plaintiff fit the

description of the person that she described on her

webpages. Many of these individuals were made

uncomfortable and chose to no longer affiliate with Plaintiff

or Defendant.

C. Defendant has escalated her prior statements and actions

with statements that she has intended to

commit additional torts, which also involve Plaintiffs minor

daughters at their school.

9. Defendant's obsession with Plaintiff led Defendant to make

many threats to Plaintiff and his family, including threats to

confront Plaintiff's minor daughters at their schools and

discuss openly with third parties any and all opinions that

Defendant has of Plaintiff.

10. Such communications are not privileged, are not

appropriate for the time, place, and manner, and are likely to

cause irreparable harm to the family relationship.

D. Defendant's statements harm Plaintiff's reputation and

because of the nature of the statements and

webpostings, others are encouraged to also state defamatory

comments and Plaintiff is unable to determine

who heard these statements.

11. The actions of Defendant caused Plaintiff to suffer

damages. Plaintiff's name, when searched on the internet, is

immediately affiliated with one of Defendant's po stings on

several websites that contain false and misleading statements

regarding him. Defendant's activities are such that they

prevent Plaintiff from knowing when he was defamed, which

individual was told defamatory things about him, and

the extent of the untrue things that were stated. The nature

of slander is such that once a person learns

something terrible regarding a third party, they tend to either

permanently lose confidence in that person or

they disseminate the information to the next person within

the information chain. Additionally, humans tend

to gossip and defamation on a website encourages others to

make defamatory comments. Since only

Defendant knows the location, frequency, and extent of her

postings, and since she knows that the internet

provides a sort of anonymity for slanderers, Defendant's acts

are such that she knows that she can harm

Plaintiff without Plaintiff knowing that he has lost the

confidence or trust of another person.

Plaintiff will be unable to calculate the loss of the damages

and without injunctive relief, Plaintiff will be afforded no

adequate remedy at law.

E. Defendant threatened on many occasions to confront

additional people regarding Plaintiff and has carried out that

threat, even at Plaintiff's minor daughters' school.

The affidavit of Tim Darnell establishes that Defendant has

bragged about going to Plaintiff s daughter's school and

speaking to many individuals as to how bad she believes

Plaintiff to be.

v.

Defamation

12. Plaintiff incorporates herein the paragraphs above as if

set out in full.

13. The acts of Defendant give rise to a cause of action of

defamation because:

a. The Defendant published a statement.

b. The statement referred to Plaintiff.

c. The statement was defamatory.

d. The statement was false.

e. With regard to the truth of the statement, the Defendant

was acting with malice; negligent; or liable without regard to

fault; and

The Plaintiff suffered pecuniary injury or injury is presumed.

VI.

C. The Defendant published the words with malice;

d. The Defendant published the words without privilege; and

e. The publication caused special damages.

VII.

Negligence

16. Plaintiff incorporates herein the paragraphs above as if set out in full.

17. The conduct of Defendant constitutes negligence because:

a. Defendant owed a duty to Plaintiff;

b. Defendant breached that duty;

c. Defendant's breach of that duty proximately caused

damages to Plaintiff; and These damages were foreseeable.

VIII.

Tortious Interference with an existing contract

18. Plaintiff incorporates herein the paragraphs above as if

set out in full.

19. The conduct of Defendant constitutes tortious

interference with an existing contract because:

a. Plaintiff had valid contracts;

b. The Defendant willfully and intentionally interfered with

that contract;

c. The interference was a proximate cause of Plaintiffs injury;

and

d. Plaintiff incurred actual damage or loss.

IX.

Tortious Interference with a Prospective Contract

20. Plaintiff incorporates herein the paragraphs above as if

set out in full.

The conduct of Defendant constitutes tortuous interference

with a prospective contact because:

a. There was a reasonable probability that Plaintiff would

have entered into a business relationship with a third person;

b. The Defendant willfully and intentionally interfered with

that relationship;

c. The Defendant's conduct was independently tortious or

unlawful;

d. The interference was a proximate cause of Plaintiff's injury; and

e. Plaintiff incurred actual damage or loss. x.

Invasion of Privacy

22. Plaintiff incorporates herein the paragraphs above as if

set out in full. The conduct of Defendant gives rise to a

cause of action of invasion of privacy, whereas the Defendant

intentionally intruded on Plaintiff's solitude, seclusion, or

private affairs; the intrusion would be highly

offensive to a reasonable person; and the Plaintiff suffered an

injury.

XI.

Attorneys' Fees

23. Plaintiff incorporates herein the paragraphs above as if

set out in full.

24. As a result of the acts and omissions of Defendant,

Plaintiff has engaged the undersigned counsel and

have agreed to pay counsel's reasonable attorneys' fees and

costs and expenses associated with advancing the claims in

this lawsuit.

25. Plaintiff seeks to recover its reasonable attorneys' fees

and expenses against

Defendants.

XII.

26. Plaintiff incorporates herein the paragraphs above as if

set out in full.

27. In support of this Application, Plaintiff refers to and

incorporates by reference the affidavit of Tim Darnell.

By reason of the acts and practices of Defendant, as more

fully set forth hereinabove, Plaintiff is suffering

and will continue to suffer, incalculable financial loss and

irreparable injuries to himself, his family, and

reputation for which there is no remedy at law.

28. Pursuant to Texas Rules of Civil Procedure 680, Plaintiff is

entitled to injunctive relief against Defendant Heather

Dobrott. An imminent threat exists that Defendant will

continue to disparage and defame Defendant and irreparably

damage his reputation and continue to encourage third

parties to commit torts by discussing her own. Plaintiff has no

adequate remedy at law and irreparable harm will result to

Plaintiff if Defendant is not restrained.

29. Without an injunction issued by this Court, Plaintiff will be

irreparably harmed by, among other things, the fact that (1)

he will have no means of preventing future disparaging

remarks from Defendant or the current comments that are

ongoing torts; (2) he will be unable to discourage

Defendant from bragging about committing torts against

Plaintiff on the internet and encouraging others to

do so; (3) he will be unable to understand the number of

defamatory acts and will lose an incalculable and

unknown amount of business; (4) he may have to suffer from

further harms to his reputation and cancel an

upcoming conference; (5) he will be unable to ever know the

extent of loss of their reputation or which clients

were affected by this and will be unable to calculate the

losses and be awarded sufficient monetary

damages; and (6) he will be unable to prevent future

invasions of his and his family's privacy and

confrontations involving Defendant discussing Plaintiff to third

parties. These restrictions are designed to be

the least invasive restrictions of Defendant's right to speak or

travel.

30. By virtue of the foregoing, Plaintiff has demonstrated the

likelihood of success on the merits of their claims and a

balancing of the equities favoring the issuance of a

Temporary Restraining Order and Temporary Injunction

against Defendant. Plaintiff respectfully prays that this Court

issue a Temporary Restraining Order and that Heather

Dobrott, her agents and attorneys any other person

or entity acting in concert with or on behalf of Heather

Dobrott, receive an order:

A. Restraining Defendant from any action relating to Plaintiff

that constitutes defamation, invasion of privacy or any other

torts.

B. Restraining Defendant from coming to Plaintiff s home,

business, or locations of meetings that are not held open to

the general public.

C. Restraining Defendant from any gossiping that results in

either Defendant or the third party making statements as to

Plaintiffs mental health, finances, family, honesty, and

intelligence.

D. Restraining Defendant from making any communications

(whether orally, via facsimile, via telephone, written, on the

internet, or emails) relating to Plaintiff, Plaintiff s attorneys,

and Plaintiffs family), excluding all communications to or from

her attorney or any communications with the police that

Defendant feels is necessary.

E. Restraining Defendant from discussing this litigation with

third parties other than her attorney.

F. Ordering Defendant to not dispose of any evidence or

records relating to this case, including information identifying

the address, name, and phone numbers of the individuals that

she has made communications to regarding Plaintiff or his

business.

G. Restraining Defendant from discussing plans with third

parties to visit Plaintiff or confront Plaintiffs Church, friends,

family, pastor, daughter's high school, or other locations

related to Plaintiff’s life in Allen.

H. Restraining Defendant from visiting Plaintiffs home.

Plaintiff’s Church, friends, family, Pastor, daughter's high

school, or other locations related to Plaintiff's life in Allen.

1. Restraining Defendant from hiding out or spying upon

Plaintiff from a distance.

J. Restraining Defendant from contacting Plaintiff s business

under a pseudonym or discussing Plaintiff or his business with

third parties using a pseudonym.

K. Restraining Defendant from contacting third parties and

suggesting that it is appropriate for anyone, including herself,

to contact anyone at Plaintiff's daughter's school regarding

Plaintiff.

L. Restraining Defendant from discussing how she humiliated

Plaintiff's family at Allen High School.

XIII.

Conditions Precedent

31. All conditions precedent to recovery for the release

sought herein have been satisfied.

XIV.

Exemplary Damages

32. Plaintiff incorporates all other facts of this petition. These

facts demonstrate that Defendants acted with the culpable

mental state to entitle Plaintiff to exemplary damages and

Plaintiff prays for the same.

WHEREFORE, Plaintiff Tim Darnell prays that Heather Dobrott

be ordered to appear in these proceedings

and thereafter Plaintiffs recover against Defendant as follows:

injunctive relief as prayed for herein, damage

in excess of the Court's minimum jurisdictional limits, including

exemplary damages, statutory pre and post

judgment interest allowed at the maximum legal rates;

reasonable and necessary attorneys' fees; and for

such other and further relief as the Court deems appropriate

and necessary.


Respectfully submitted,

CIAROCHI AND ASSOCIATES, PLLC
800 E. Campbell Rd. Ste. 121
Richardson, TX 75081
Telephone: 214-393-6861
Facsimile: 214- 66-6297
ATTORNEY FOR PLAINTIFF TIM DARNELL

CERTIFICATE OF COMPLIANCE WITH LOCAL RULES

I hereby certify that to the best of my knowledge Heather Dobrott is not represented by counsel in the matter made the basis of this suit.

I certify that to the best of my knowledge, this case
is not subject to transfer under Local Rule 1.06.

Jason Charles Ciarochi
Judge Roy Bean
Judge for the District of Quatloosia
Judge for the District of Quatloosia
Posts: 3704
Joined: Tue May 17, 2005 6:04 pm
Location: West of the Pecos
Contact:

Re: Advantage Conferences II

Post by Judge Roy Bean »

So what is the status of the case?
The Honorable Judge Roy Bean
The world is a car and you're a crash-test dummy.
The Devil Makes Three
soapboxmom
Matriarch of the Networked Soap Sales
Posts: 525
Joined: Thu Sep 01, 2005 1:00 am

Re: Advantage Conferences II

Post by soapboxmom »

CAUSE NO. 08-06317

TIM DARNELL

IN THE DISTRICT COURT

DALLAS COUNTY, TEXAS

Plaintiff,

§ § § § § § § § §
v.
HEATHER DOBROTT

Defendant.

L-193 JUDICIAL DISTRICT

AFFIDAVIT OF TIM DARNELL

STATE OF TEXAS §
§
COUNTY OF DALLAS §

Before me, the undersigned authority, duly appeared Tim

Darnell, who being first by me duly sworn, did depose and

state as follows:

1. "My name is Tim Darnell. I am over the age of eighteen (

18) years old and suffer from no legal or mental disabilities. I

have never been convicted of a felony or a crime

involving moral turpitude, and am competent to testify as to

the matters set forth in this affidavit. I have personal

knowledge of the facts stated in this affidavit and Plaintiff's

Original Petition and they are true, personally known to me,

and correct.

2. "I was forced to file this lawsuit to the stop actions of

Heather Dobrott because they are escalating into worse and

worse situations. In short, I am asking this Court to

enter an order preventing Ms. Dobrott from contacting me or

my family, to cease having discussions on the internet of

meeting my minor daughters at their schools and when I

cannot watch them, to remove all of the prior discussions of

me, my family, and my business from the internet, to cease

encouraging third parties to have devious thoughts of

illicit activities directed towards me and my family, and to

cease publishing statements regarding me or my family that

are untrue. Ultimately, I want this court to determine that the

facts and evidence necessitate a ruling that Ms. Dobrott must

stay out of my and my family's affairs and move on to her life

and not be allowed to discuss me to third parties at all.

Whatever rights she may have had to be critical of me have

long since expired at some point after she continuously posts

information suggesting that 1 am dishonest, a bad family

member, a horrible person, insane, and unintelligent. At a

certain point, continuing insults and defamatory statements,

especially when followed by public confrontations with third

parties, has to be stopped before it escalates any worse.

Otherwise, the law will not protect individuals from continuous

interference. Even the rights of dissenting opinions have to be

limited when those speaking demonstrate a pattern and

practice of vicious, untrue, and defamatory statements,

especially when these discussions encourage others to take

action and the speaker themselves takes inappropriate

actions.

3. "1 have never met Defendant face to face. I could not

identify her in a room with twenty people. As far as 1 am

aware, I have never attempted to sell goods or services to

Defendant and I do not know what made her start obsessing

about me. I have never been in a contract or prospective

contract with Defendant and she is not known to be at my

church or to live by my. Regardless, from the data on the

internet, it appears that since September of2005 (33 months

ago) Dobrott has evidently authored more than 1900 web

postings related to me (the current court, as seen the

postings themselves is 1966), which come out to

approximately two entries for every day since then! Because

the 75 pages of threads are so long and voluminous,

especially when printed out, I did not hand count these

entries and I assume that she has not identified other targets

that she posts on daily in this total figure. This Court

represents the only forum that I have to find some way to

prevent Dobrott from continuing to obsess about my life and

encouraging others to do so.

4. "Although I am apparently a daily point of discussion for

Defendant, I have not posted responses to her numerous

messages relating to me on the websites that she uses to

defame me. I do not want to encourage her activities.

However, she still writes on the internet as if we have an

ongoing dialogue and as if! have recently spoken to her

directly. 5. "Defendant has discussed me with respect of

almost all of the traditional means of slandering someone,

referring to mental illness, dishonesty, a lack of intelligence,

financial problems, and family problems. In case it is not clear,

I do not believe that it is true that I suffer from an illness or

disease, I am fairly honest and fairly intelligent, and my family

and I are getting along. I do not think that she has a right to

discuss these topics and she should not be allowed to discuss

the topics as some sort of means of legitimatizing whatever

other opinions she has about me or my business. Because

there are almost 2000 web po stings related to Defendant,

who goes by the pseudonym "Soapboxmom," I have

attempted to identify a few of these instances for ease of

reference and understanding.

A. False references to mental illness

6. I have been described as "the king of mentally ill martyrs"

as well as "sick and dangerous .. .insane and delusional." See

Exhibit A, a true and correct copy of a web posting by

Defendant. Defendant has compared my personality to

Charles Mansion, a known murderer and sociopath. See Exhibit

B, a true and correct copy of a web posting by Defendant.

B. False references to my character and truthfulness

7. Defendant has frequently referred to me as a liar,

dishonest dirtbag, and the king of spin on the internet. See

Exhibit C, E, and F, true and correct copies of web po stings

by Defendant. Defendant sees fit to tell third parties that I

am "Satan on earth." See Exhibit C. Defendant has attributed

statements to me that I have not made, such as suggesting

that I have promised $ 100,000 to $ 1,000,000 to the

individuals who join my business; I have never made such

statements. See Exhibit K, a true and correct copy of a web

posting by Defendant. Defendant has accused me of a crime -

of collecting and personally keeping money that is to be used

to benefit others; I have not kept the money that we

earmarked for the poor or other causes. See Exhibit L, a true

and correct copy of a web posting by Defendant.

C. False references to my intelligence

8. Defendant has said that I do not have the intelligence of a

head of cabbage. See Exhibit H, a true and correct copy of a

web posting by Defendant. D. False references to my finances

9. Defendant has falsely portrayed me as someone who held

one third of the shares of a company in bankruptcy, which is

not true. See Exhibit G, a true and correct copy of a web

posting by Defendant. Defendant has falsely portrayed, on

more than one occasion that I do not pay my bills and

suggested that I did not pay for a hotel bill that I paid for.

See Exhibit J, a true and correct copy of a web posting by

Defendant.

E. False references to my family

lOa. Defendant has inferred that I have a spouse who thinks

that I am stupid and inept.

See Exhibit D, a true and correct copy of a web posting by

Defendant.

lOb. I am asking the court for relief because Defendant's

conduct has escalated beyond the daily internet insults.

Defendant has acted on her statements, including

using false names to contact individuals I know and tell them

untrue and bad things about me.

11. "Defendant has taken it upon herself to contact third

parties regarding me under a false name; Defendant has

admitted to contacting my business affiliates, churches, and

advertisers under the pseudonym Elizabeth. See Exhibit B, a

true and correct copy of a web posting by Defendant.

12a. "Prior to the last business conference, Defendant took it

upon herself to obtain a list of individuals who may attend or

speak at my conference. She then contacted these

individuals and told them not to affiliate with me. Defendant

acted with the purpose of trying to dissuade speakers to not

come to conventions. Defendant even posted on the internet,

during the time of the conference, that her goal was to "stop

this conference." See Exhibit I, a true and correct copy of a

web posting by Defendant. Several of these individuals were

made uncomfortable and some chose to not speak to me after

her call. She actually dissuaded some speakers, who had

agreements to come and speak, to not come because of her.

Sometimes, when individuals are difficult to deal with, people

just choose to avoid the unpleasant situation entirely.

12b. It is disturbing that Defendant does appear to have the

characteristics of a "stalker;" Without identifying herself,

Defendant evidently physically appeared at one of the

conferences and even put photographs of it up on the net.

We did not know that Defendant came out to see us at the

conference. We did not learn of it until afterwards, when

pictures appeared on the internet and she later acknowledged

that she was there.

13a. "Defendant has falsely accused me of stating that I

received death threats from her specifically, which I have not

stated, and seems to think that my wife, parents, pastors,

and friends should be involved in her world because of her

beliefs. See Exhibit M, a true and correct copy of a web

posting by Defendant. Here, Defendant specifically discusses

going to my daughter's school and my church and handing out

packets that refer to me. During my lifetime, I have received

death threats. I am not in the habit of discussing Defendant

often and although she did call, bother, and threaten

scheduled speakers who were planning on attending the

conference, I did not state that she threatened lives over

this.

13b. However, Defendant has responded on message threads

with the title of "When I found Jack Weinzerl, I will kill him

myself." Defendant does not oppose violent messages

directed towards me or towards others that have interactions

with my business, including Jack Weinzieral. See Exhibit P, a

true and correct copy of a web posting by Defendant.

13c. On March 19,2008, Defendant has even stated on the

internet that she will go to the school of my minor children

and confront them with information regarding me. See Exhibit

M, a true and correct copy of a web posting by Defendant. 13

d. On March 19, 2008, Defendant has identified my wife and

children by their first names and suggested that she has to

contact them, apparently for the "safety of [Defendant's]

family." See Exhibit M, a true and correct copy of a web

posting by Defendant.

14. "On April 23, 2008, Defendant said that she would go to

Plaintiff's minor

daughter's high school. See Exhibit 0, a true and correct copy

of a web posting by Defendant at page 3.

15. "On or about May 8, 2008, additional web dialogues

continued regarding visiting my daughter's school; based on

the discussion Defendant had to know of the

social and gossip implications of approaching Allen High School

with defamatory information regarding my and my family. See

Exhibit P, true and correct copies of web postings by

Defendants and others at page 10.

On May 12, 2008, Defendant said that she actually went to

the school of my minor daughters (Allen High School) and had

a discussion with the "School Resource Officers," office

personnel and the principal regarding me, with copies of

current and former lawsuits and that she had hoped that it

was enough "public humiliation" for me. See Exhibit N, a true

and correct copy of a web posting by Defendant at page 15 of

42.

16. "On May 21, 2008, Defendant again references a "long

afternoon at your [Plaintiff's] daughters' school" and states, "I

would think that you would be horrified to humiliate your girls

like that." See Exhibit N, a true and correct copy of a web

posting by Defendant at page 36 of 42.

17. "On May 24, 2008, Defendant again references fighting

allegations of "stalking" and states that she feels she is

forced to "continue fighting those allegations at the places of

his children go." See Exhibit N, a true and correct copy of a

web posting by Defendant at page 41 of 42.

18. "Overall, the pattern of several hundred web postings,

using false names, making at least two public appearances (at

the business conference and that the high school), stating

false and harmful things about me and my family, suggests

that my family and 1 need a restraining order or injunction to

get Defendant to stop attempting to interfere in my life.

19. "I am not a licensed medical professional to offer a formal

opinion on Defendant, but at some point, nearly daily focus

and obsession upon someone that you were never

really close to is just not a healthy practice. I have tried to

ignore this issue for a long time, but I must get judicial

information once personal visitations occur. I am very

uncomfortable that Defendant feels that going to my

daughter's school is normal or healthy. Whether she feels that

she is in danger or whether she feels that she is media hero,

she has already availed herself to authorities on many levels

and they should be acting on her theories, not her.

20. "Additionally, the above patterns of strange behavior,

illicit behavior, and hate all demonstrate that she is using the

web postings to encourage others to take extreme steps like

she is. Allowing her po stings to stay and allowing her to

continue to post her new intrusions into my life encourage

third parties to violate the law as well. Defendant is

attempting to use illegal activities as a way of legitimatizing

all of her other opinions and issues and she should not be

allowed to do so. She should not be allowed to harass my

family at my daughter's school and she should not be allowed

to suggest to third parties that it is normal, legal, and healthy

when it is not.

21. "Defendant does not own the website that she posts on

scam. com. She does not get an economic benefit from

posting these materials to receive advertising dollars or any

other economic benefit from putting her statements on the

website. Thus, any restraint on her ability to post on the site

should not cost her any money during the TRO period.

Application of facts towards the application for temporary

restraining order and permanent injunction.

22. "The above facts indicate that there is (l) a cause of

action; (2) a probable right of relief; (3) imminent and

irreparable injury and no adequate remedy at law; and (4) a

willingness to post bond.

A. A cause of action and probable right of relief

"With the above facts, I am likely to recover from Heather

Dobrott for defamation, business disparagement, negligence,

invasion of privacy, and tortious interference. B. Imminent

and irreparable injury and no adequate remedy at law

Without this Court's relief, I am going to continue to suffer

injuries. Defendant has demonstrated that she is willing to

defame me and invade my privacy on a daily basis. Without

an order limiting Defendant's ability to discuss me with third

parties, post information on the internet, have impromptu

meetings at my daughter's school or encourage others to

defame or harm me, Defendant will continue to harm me and

my family's reputation, potentially resulting in a terrible

situation. I am not even able to know how many individuals

have read these web po stings and how many other

individuals she will talk to. Defendant's activities are such

that she is able to engage in a course of conduct whereby I

will not be able to know how often defamatory information

regarding me is communicated and I cannot know the

recipient in order to help my reputation. Defendant's activities

harm my reputation and make me unable to calculate and

know the damages without an order enjoining the activities.

Defendant needs to be restrained before she encourages any

others to insult me on the internet, as they have in the past.

C. Willingness to post bond

23. "I am willing to post a bond to procure a temporary

restraining order. The bond should be nominal, if any, whereas

Defendant is not receiving any economic benefit from the web

postings, spying on me, going to my daughter's school, and

encouraging others to insult me.

24. "I request that this court issue a temporary restraining

order requiring the following:

A. Restraining Defendant from any action relating to me that

constitutes defamation, invasion of privacy or any other

torts.

B. Restraining Defendant from coming within one thousand

feet of my home, church, business, or locations of meetings

that I am attending that are not held open to the general

public.

C. Restraining Defendant from any communications that result

in either Defendant or the third party making statements

relating to me and health, mental health, finances, family,

character, honesty, criminal allegations, business acumen, or

intelligence.

D. Restraining Defendant from making any communications

(whether orally, via facsimile, via telephone, written, on the

internet, or emails) relating to me, my attorneys, and my

family, excluding all communications to or from her attorney or

any communications with the police.

E. Restraining Defendant from discussing this litigation with

third parties other than her attorney.

F. Ordering Defendant to not dispose of any evidence or

records relating to this case, including information identifying

the address, name, and phone numbers of the individuals that

she has made communications to regarding me.

G. Restraining Defendant from encouraging third parties to

take actions that are illicit or harmful to Plaintiff, including

discussing plans with third parties to visit me or confront my

Church, friends, family, pastor, daughter's high school, or

other locations related to my life in Allen.

H. Restraining Defendant from contacting my business

contacts, family members, Church members, friends, family,

pastor, individuals located at daughters' or son's school, or

other individuals connected to my life in Allen.

1. Restraining Defendant from hiding out and spying upon me

from a distance.

J. Restraining Defendant from contacting my business under a

pseudonym or discussing me or my business with third parties

using a pseudonym.

K. Restraining Defendant from contacting third parties and

suggesting that it is appropriate for anyone, including herself,

to contact anyone at my daughters' school

regarding me.

L. Restraining Defendant from discussing how she humiliated

my family at Allen High School.

25. "Without a restraining order and permanent injunction, I

will be unable to calculate my damages. At the permanent

injunction hearing, I will request that the Court

issue an order requiring Defendant to make applications for

delistings and removal all internet references to me, my

family, and my business.

"FURTHER AFFIANT SAYETH NOT."

Tim Darnell

ACKNOWLEDGMENT
STATE OF
COUNTY OF DALLAS
§ §

This instrument was acknowledged before me on June 6, 2008 by Tim Darnell.

CLAUDIA SANCHEZ
Notary Public, State of Texas
soapboxmom
Matriarch of the Networked Soap Sales
Posts: 525
Joined: Thu Sep 01, 2005 1:00 am

Re: Advantage Conferences II

Post by soapboxmom »

Judge Roy Bean wrote:So what is the status of the case?
Dear Judge Roy Bean,

Judge Carl Ginsburg dissolved the Temporary Restraining Order. I took it he would not entertain an injunction. He made a comment about free speech and out on his ear went Timmy once again. I did file a countersuit to get reimbursed for attorney fees. Timmy messed with the wrong Mom!

Soapboxmom
Judge Roy Bean
Judge for the District of Quatloosia
Judge for the District of Quatloosia
Posts: 3704
Joined: Tue May 17, 2005 6:04 pm
Location: West of the Pecos
Contact:

Re: Advantage Conferences II

Post by Judge Roy Bean »

soapboxmom wrote:...Judge Carl Ginsburg dissolved the Temporary Restraining Order. I took it he would not entertain an injunction. He made a comment about free speech and out on his ear went Timmy once again. I did file a countersuit to get reimbursed for attorney fees. Timmy messed with the wrong Mom!

Soapboxmom
Did Ginsburg dismiss the case or the TRO? If it's still on and I can get to Dallas for it, I'd love to be in the audience for the trial.
The Honorable Judge Roy Bean
The world is a car and you're a crash-test dummy.
The Devil Makes Three
soapboxmom
Matriarch of the Networked Soap Sales
Posts: 525
Joined: Thu Sep 01, 2005 1:00 am

Re: Advantage Conferences II

Post by soapboxmom »

Ginsberg dismissed the TRO. I took it he wouldn't entertain any injunction, but I don't have the transcripts yet. I was a bull dog and I am sure Timmy has realized he seriously miscalculated once again.

Soapboxmom
Judge Roy Bean
Judge for the District of Quatloosia
Judge for the District of Quatloosia
Posts: 3704
Joined: Tue May 17, 2005 6:04 pm
Location: West of the Pecos
Contact:

Re: Advantage Conferences II

Post by Judge Roy Bean »

If you want a transcript you might need deep pockets; copies of transcripts are a huge rip-off in many Texas courts.
The Honorable Judge Roy Bean
The world is a car and you're a crash-test dummy.
The Devil Makes Three
soapboxmom
Matriarch of the Networked Soap Sales
Posts: 525
Joined: Thu Sep 01, 2005 1:00 am

Re: Advantage Conferences II

Post by soapboxmom »

Timmy's suit against the Dallas Better Business Bureau was heard in the same court building where we appeared on Monday June 23, 2008. I am sure the Dallas legal community is gossiping about this guy. He must be going for the thrown out on your ear record. I was down in the dungeon there at that very building, the Allen Court Building, purchasing copies of all the interesting pages just one year ago for a buck a page. I will make sure to get copies and post the more humorous and pertinent exchanges. Timmy so enjoys the truth being available for the public. With me countersuing him he is fighting at least 3 court cases. We will have plenty to discuss.

Soapboxmom
Locked