A great man once said "The Truth Will Set You Free", and no better example is seen than my legal fight with Joe. Every time I make a post to this page, Joe flips out. He contacts his attorney to make all kinds of threats, if I do not stop or takes this down, the problem people of his character run into trying to silence me is a little thing our wise founding fathers came up with called the "Bill of Rights" which gives me right to post this for you to read and aa long as I tell the truth he can scream, yell, threaten all he wants but can do nothing to force me to take it down.
It finally looks like Joe can now see the handwriting on the wall. What does the handwriting read? Simple, the truth is now coming out and those with evil intent can not hide from the truth, once Lady Justice uses her torch to light the truth for all to see. I have been around long enough and gotten to know enough of you to know you to be just, fair, kind, respectful. Because of this I have no fear of putting my fate in your hands, so you be the judge? I have submitted several thousands documents supporting my position. What has Joe submitted? A personal statement that he changes every time I submit more paperwork. What supporting documents has he submitted, try zero, thats right nothing, none, etc. Now what do you support he is up too? I am sure his counsel has informed him of his poor legal standing as mine has informed me of our excellent standing. As people of his poor character usual do as faced with the truth, if he can not have all of Necrobabes, than no one can. As can be seen with recent policy changes, Joe is now draining all of Necrobabes to the last penny until all that will be left is an empty shell. All that I can say is that I am very sorry about that and as every one knows can not do any thing about that. However, I give you all my word of honor, that I will do every thing in my power to correct the injustices that have occured and try to restore things back to when we called ourselves a community and producers such as myself called about quality and what you had to say. Right now all my resources are tied up in clearing my good name that Joe has tried to smear at ever turn, to the point of saying I will never involed with Necrobabes except as subcontracter. Can any of you old timers that have been around from the start beleive that? I will end as I started, hang in there and remember that "The Truth Will Set Us All Free".
13Mar07 MAJOR UPDATE
I have just talked to my lawyer and he has informed me of our first major victory. Joe's lawyers have admitted that Vicki has never existed as a real person. The attorneys have stiulated that the name Vicki has been used by several people (person in videos) including Joe as an agent of his company. So while justice may be slow it still can help to bring out the truth. Since I was correct from the start about who Vicki was,do you suppose that mabye I could be right about other matters?
Three of us started Necrobabes, Peter, Vicki, and myself. I have always tried to be honest and up front about things. My real Name is Shelby Burns and I have never attempted to conceal that from anyone, I retired from the United States Air Force, with an Honorable Discharge in 1994. I am in my early fifties, the divorced father of two special needs daughters, who are now in their mid-twenties that I raised alone and am very proud of. I'm sure that was more then you really wanted to know about me. My reason for telling my background is to give you insight into my character. I would like you to know the facts about several things, rather then hear bits and pieces from rumors containing half-truths. Lets start with the most recent, which is that any donations to the Necrobabes Benefit Reserve has nothing to do with free speech or the first amendment. The money being raised is so that Joe Schwalenberg a.k.a. Vicki of Necrobabes fame can let others pay his personal legal battles (I know because I am one of them).
Here is a little history lesson so that you can see how everything started and where that has brought us. Back in 1997 I was given Vicki's web address to check out. I emailed her and she sent me her phone number to call and suggested I contact Peter that she knew on line. After several phone conferences and emails between Peter, Vicki, and myself we decided to form a partnership called Necrobabes. Concerns were raised about the legal and moral problems that could arise from any paperwork linking an individual to something called Necrobabes. I guess so many years spent as a NCO, in the air force gave me the "not give a shit", attitude of what others think, as long as I was true to myself. Because of this my name was the only one listed on any paperwork and Peter and Vicki were silent partners. Considering where Peter lives I can fully understand where he is coming from and have to admit, he has been a good friend over the years, and Vicki's reason way that due to her husband's political ambitions(lol now). To help get things started I was asked to donate all of the early photo sets and to live off the proceeds of video sales, so that proceeds could go back in to help with start up cost and growth. Things grew faster than anyone expected and video sales went through the roof. When that happened, I was asked to donate my video library proceeds to the partnership and accept instead a flat $1500.00 a week for life with raises as we grew, which I accepted. About five years ago I was contacted by Vicki and asked to turn over most production to Lissa (a model I had earlier recruited that wanted to become a producer). Vicki had decided to start a new company called DDG and had given it to Lissa too run. Her reason being to make sure we had plenty of fresh material and because she had connections as a dancer to recruit new talent. I was instead suppose to handle any management problems that should arise or even to become semi-retired if I wanted to, as my salary was secure based on my donations of photo sets and proceeds from my video library. While giving up almost all of the production did not set well with me, one thing anyone learns after 20 years in the military is to be a team player, so I agreed. So I basically became a trouble shooter, taking care of whatever was needed. However, what I knew best at that time was production, which still remains as my first love. Since I had a lot more free time, I requested help in learning html, so that I could better help anyone who was behind. Vicki informed me that this was unnecessary as she already helped any one that started to get behind and it would take so much time to bring me up to speed, this in it self would create delays, due to people being tasked with this additional workload. It is only over the last eight months or so I have started working with html and have had an opportunity to learn more of how the internet works (it seems the more I learn, the more I realize how little I really know). Around three years ago I received an email from Vicki asking me to give her access with Network Solutions, to resolve any server problems that might arise, which I did. During the same time frame, which was when we started to offer the pay per view photo sets, I was contacted by Card Services International, who was our credit card provider concerning a problem with the increase of charge backs due to hackers based on our poor security, as we were not using either the AVS or CVV2 system to weed them out. This means that a $6.00 transaction could end up costing us $45.00 in service fees. Vicki refused to let me use either security measure to reduce the number of charge backs due to fears of being put out of business due to the additional personal information that would have to be provided by the customer to use these security measures, this did not make any sense to me due to how much charge backs was costing us (which at this point was several thousands of dollars). A few months later our merchant account was terminated, based on the high charge back rates. Because of the way we started the company, my name was the only one on the merchant account, so I was placed on something called the TMF (Terminated Merchant File). Which I had never heard of until that time. The reason being as I later found out was due to not receiving mandatory merchant account training, which somehow had slipped through the cracks. Because of this, I have been able to get only third party processors, based on being black listed.
Over the last few months I have discovered there is no and never has been a Vicki Carr. The person using that name is really named Joe Schwalenberg and lives in Sebring, Florida with his wife. That the person I assumed was Vicki Carr, used the domain access obtained by fraud to remove my name from any existing domain paperwork and replaced it with Joe's, making sure his was the only one on any existing paperwork. This was done several months up to a year before the scheduled renewal was dated, so no paperwork or emails was generated concerning the changes. This made sure I was unaware of any changes at the time. Once discovering this I contacted Network Solutions and inquired how anyone could change current ownership, without the existing owner's permission. They informed me that any person placed on your account has total control to do anything they want to including changing ownership.
Besides the domains theft and fraud, I have been blocked from funds and any financial records for over two years in violation of several agreements. This deceit, theft, and breach of several good faith contracts has created a severe financial hardship for me and ruined my credit record. The only reason I did not lose my home was due to my military retirement.
To this day I challenge Joe to produce any document to disprove any part of what I have stated and to this day the only thing he has produced was his sworn statement. Considering his talent to ignore the truth when ever he feels like it, do I have to tell you how much weight his statement carries?
Finally after being lied to time and time again, being cheated and all of the fraud I discovered became more than I could accept. So I gathered all my paperwork, cashed out my personal IRA, (that I had been paying into for over 15 years) and retained an attorney, to try and get a little justice. Because I believe as a great man once said, "the truth will set you free", I have no problem providing copies of my paperwork verifying what I have said. The one thing I am NOT ASKING FOR is money or funds from anyone, as I fight my own battles. If someone wants to drop a line and offer moral support it is appreciated. However, no matter what has happened I have never lost my honor. So no matter how things turn out, because I retained my honor I will be the winner.
by Shelby
We had court on July 22, 2004. At that time the judge ruled against Joe's "Motion to Dismiss". Based on his personal statement that he did not know who I was and never had any type of business dealings with me. This is in effect calling Joe/Vicki a lair and the judge has a problem with his word, unless there is paperwork to back it up. This also means he can no longer hide behind his false identifies and trying to conceal his true address, while using his resources to eliminate others he views is/or may be a threat. He now has to face me in a Nevada Court to answer for his actions. My lawyer also informed me that a couple of weeks ago he freaked when he read the NB story on my site. After reading it the next day he had his lawyer contact mine demanding that I take it down or face legal action. My attorney was so concerned, he filed it and waited for over two weeks, until today before court to tell me about it in passing. I find this funny because I have collected boxes of documents over the years that support everything I have claimed or posted, while we are still waiting for him to produce any document other than a sworn statement. After all it is pretty hard to come up with a legal argument for a judge to grant an injunction to take this page down, when I am only telling the truth and have the paperwork to back it up. I will have to check with my attorney however, i believe the next step in court is discovery, plus any orders the judge may need to issue for him to provide financial statements and other paperwork. If these items are produced it will make it impossible for him to hide or deny that he and Vicki are the same person. Considering the damages we are seeking (our case is looking better and better) his only options will be to shut down everything and plead poverty; work out a settlement with me and I have instructed my lawyer not to bother me unless it is in the high six figures, which should also shut him down; or fight me in open court in Nevada. For him this could be the most expensive of all. His attorney informed us today that this action has currently cost Joe several thousands of dollars, which has been wasted due to the judge denying every one of his motions. This strengthens to me both my belief in Karma (what goes around comes around) and my faith in the justice system. Once we meet in open court all the facts will become part of public court records, unless he asks the judge to seal the records, which I of course will oppose. If part of his plan is to hide every thing this will make it almost impossible. I will continue to update as this soap opera of my life unfolds.