Tort Claim Proccess

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utilized the courts or some other private process, commercial lien, or whatever, their main objective other than

to be left alone (by government) was to get compensated for the violations, wrongs committed, unlawful incarceration or unlawful takings against them and to obtain some semblance of justice. There has been many unlawful incarcerations, fines, and the taking of property, even children, etc.. And of course, based upon our sense of 'justice' and our human nature, we want some sort of revenge, no we want justice ... no, we want damages! Compensation for the violations done to us! Scripturally, we want to be made whole! Would you not agree? For some 25 years of the 'Movement,' this has been the direction and the goal of the people dealing with government at every level.., but to no avail! Also, the Freedom Movement has not effected any 'change' or 'correction' as to the system closer to some perceived constitutional mandate. The government corporations have not bent a knee to the 'learned' pressure, if any, from those active in the movement.

Any attempts in dealing with the various levels of corporate government have not been easy. More likely than not, the people have been met with more denial, disrespect, and out and out objection or total disregard in applying any form of a constitutional application for corrective

measures, information, court filings or otherwise. And trying to go in or being compelled into their so-called courts, there certainly is no respect for the so-called 'Freedom Fighter,' and the usual outcome is most always a fine or jail, traffic matter or otherwise.., even prison in many cases!

However, it is the objective of the courthystem to maintain control of the debtorlslaves on the Plantation, extract the revenue and punish the 'subject aliens' before them in their so-called courts. We have said may times that you are not to find a remedy in THEIR courts, with or without an attorney, no matter what you have been educated to believe or otherwise, as to the fact of many years of over-whelming evidence to support the fact of generally.., no remedy.

THEIR COURTS ARE NOT THERE FOR YOU!!! ... in the manner you have been led to believe! But yes, they allow a few to win, to keep the scam going, say l%!

Of course, it was proven years ago that the Constitution (State or Fed) does not operate upon the people ... "But indeed, no private person has a right to complain, by suit in court, on the ground of a breach of the Constitution. The Constitution, it is true, is a compact, but he is not a party to it." (Padleford, Fay & Co., v The mayor and Aldermen of the City of Savannah 1854) And, it is to be understood that we the people, singularly, jointly or severally are not 'signatories' to that social compact/contract!

You cannot find your signature on any Parchment! That 'social compact' did nothing for you as you are not named in it, nor did you sign it! Therefore, the question is; Where's the agreement or contract that you have with State or Federal government to bargain for your socalled rights or protect your so-called rights as to give rise to any presumed fiduciary obligation on their part to apply or enforce any right however defined as supposedly enumerated in the Bill of Rights? And of course, your signature does not appear on the Bill of Rights, as an addendum to their social compact/contract either, and of course, much of the Bill of Rights have been legislated away by the government corporation.

For those who choose to read the writings on the wall of executive, legislative and judicial history by the corporate United States, take note; The United States Supreme Court, as at present (1968) constituted, has departedfrom the Constitution as it has been interpretedfiom its inception and has followed the urgings of social reformers in foisting upon this Nation laws which even Congress could not constitutionally pass. It has amended the Constitution in a manner unknown to the document itself While it takes three fourths of the states of the Union to change the Constitution legaliy, yet as few as Jive men who have never been elected to oflce can by judicial fiat accomplish a change just as radical as could three fourths of the states of this Nation. As a result of the recent holdings of that Court, the sovereignly of the states is practically abolished, and the erst while free and independent states are now in effect and purpose merely closely supervised units in the federal system" (Gerald J. Dyett, Plaintiff vs. John W. Turner, Warden, Utah State Prison, Defendant, 439 Pacific Reporters, 2d Series at page 266-267 or 20 Utah 2d 403).

So the question is; "What is your 'patriotic' connection to a state (corporation) which is now just a 'unit' in the federal system of which you are not a party to?" Um', are you governed by force and fraud? And do you consent to it?

But what many do not understand ...is that the Bill of Rights (Articles of Amendment I through X), only act as points of the contract which operate upon the 'agent' of corporate government, upon their 'oath of office.' They took the oath to abide by their social contract/compact you did not! They have the performance bond to indemnify their action, you do not! Out there in the commercial world, everything operates under contract or agreement. The car loan, the home mortgage, the driver license, the rental contract, is just a few examples. The point is, we the people DO NOT HAVE A SOCIAL COMPACTICONTRACTIAGREEMENT WITH GOVERNMENT THAT HAS ANYTHING TO DO WITH OUR SO CALLED RIGHTS!

As stipulated via a state level 13 questioned FOIA (as advertised in The American's Bulletin), the Washington State License Department, in their answer stated; "The Department has no documents on file which would demonstrate that you are a party to any social compact or contract which can

demonstrated to operate to confer any contractual, controlling, insurable, lawfUl, legal, pecuniary, regulatory, or any other interest in your being and/or property to the benefit of the county or state, etc." So does the State have anything to do with you?

And it seems awful funny that the Attorney General of any State cannot provide information, evidence or even an answer has to how their State Constitution operates upon the 'private' man. Gee, I wonder why?

Getting back to the issue of remedy, in more recent years, starting from the 'Montana Freemen' time-period (1996-ish), and then the 'new' promoted program was a commercial lien process (CLP). The completed CLP was believed to in some manner allow the 'lien-holder' to obtain remedy in the manner of compensation. But that was not the case. The lien only placed a cloud on the property of the lien debtor and when the property is sold, the lien must be satisfied. Of course, that could take years! On the other side of the issue, where commercial liens have been filed more recently on government employees, i.e., prosecutors and judges, they, having power to retaliate, and do just that! Many people have been charged with 'paper-terrorism' and/or 'simulation of legal process,' for

using their copyrighted laws and statutes without license and of course for filing a lien which is a direct attack. It's 'going to war!' Not good!

Therein, what we have come to understand is that your use of the governmentcorporations copyrighted laws, statutes and codes in court filings primarily, constitute 'liable.' It's their writings and you have neither contract nor license to use such at all. Their attorneys do -you do not! Now do you see the problem?

We have been conditioned to believe that we can go into their private courts, file papers and expect some form of due process, remedy and justice. That we have some magical right to use their copyrighted laws, statutes and codes to obtain some remedy. Gee, where is that written ... where's the agreement to use their copyrighted laws, statutes and codes beside the education that One received in their Public Fool System of Schools, and of course was deceived by such institutions, that One could think, One should be able to prosecute in One's own behalf, when in realty you can think what you want, but just like what we were taught about the conditions in Russia, you had better keep your thoughts to yourself. What they failed to teach you, is that you cannot trespass over someone else's intellectual property rights secured by copy-rights, while all the while,

attempting to state a claim of action for trespass? The old adage, that "two wrongs don't equal a right" while attempting to state a claim for which relief can be granted.

Since purportedly, we are to be separate from certain forms of government, and the fact we are above the government as its supposed creators in concept, being so-called sovereign other than for necessity, and not under any contract or agreement that would reduce us to mere subjects, and to remain supposedly sovereign, then logic dictates that our remedy must be found somewhere else, as it is not to be found in their private corporate so-called courts. As a reference point; "The county courts are no longer constitutional courts." (Fehl v Jackson County (Oregon) in citing In re Will of Pittock, 102, 199 P. 633. 202 P 21 6, 17A.L.R. 218) If the county courts and other courts are not constitutional courts, then have we not been deceived? And by what authority do they operate their so-called courts against you via their fines and punishment where there's a no nexus other than by adhesions of undisclosed fraud to their statutes for any liability to attach to you in their non-

constitutional courts? So why would you want to go into 'their' court when it is not in compliance to their own compact/constitution and allow them to inflict violations and acts against you when you are not a party to their compact/contract,constitution(s) in the first place?

I won't get into the 'political' fiasco game of their conditioning you to 'exercise' your 'privilege' to vote for their 'corporate officers' within the various levels and jurisdictions ... to rule over you by your consent to accept the liability based upon your participation per the outcome of the campaign, measure, etc. It appears that the 'program' of all governments wants you to believe you are free, certainly wants you to be a proud American or whatever they teach you to be known by so as to subject you to their programs, and they want you to vote to keep you conditioned to their programs and keep their private corporate scheme in tact! Without your consent and participation, their tightly controlled program begins to exhibit problems.

We continue to receive and see information on 'FIGHTING' the system, i.e., fighting for your rights, fighting for the Constitution, etc. Of course, using 'their adversarial' system, their attorneys and their private tribunals, etc. and expecting to get a fair trial, a remedy and more importantly..,

justice, where in most all cases, it is to no avail! And of course, you are to understand that if you do go into their 'courts' to FIGHT, or ARGUE, you just gave life to their CONTROVERSEY that was established by the 'action' filed and you just gave the court jurisdiction! The socalled judge is there to settle controversies and the courtroom is comprised of your adversaries including 'their' attorneys. See Corpus Juris Secundum, Vol. 7, Subheading "Attorney-Client", Sections 2-4, wherein you are deemed a ward of the State ... if you take an attorney! And so without contract or agreement, just how do you think the judge is going to settle this controversy? In your favor.., think again!

There still exists this attitude that 'you' must 'fight' for the Constitution,' of which again, you are not signatory to, nor a party to it! It's their parchment.., not yours! Why fight for something that's not yours, and what they have whittled down and have reduced to an archaic historical document anyway. And certainly of which 'they' do not uphold, pursuant to their own Oath of Office and especially not for your benefit, because you are not a signatory thereof, unless of course you can prove you are a direct descendant as one of the posterity thereof.

Again, since we are to be separate from certain forms of the government, above government in

concept, not signatory to that which we did not create otherwise, not under contract or agreement, and the so-called sovereign power is to be and always has been in the people! Then logic dictates again that your remedy must be found somewhere else!

And it must be stated again that 'sovereign people' cannot go to the so-called 'public servants' to seek relief or remedy in the first place. The system is set up to deal with their employees, citizensubjects and their corporate business partners. They cannot deal with 'sovereigns' nor can they provide anything to them in the nature of rights or remedy, etc., other than by contract with the creators thereof.

Well, the remedy is really quite simple! It's always been there. It's called TORT, or rather a 'Tort Claim.' Purely as a reference, for example, in the Oregon Revised Statutes (30.300), it states that 'tort' is the EXCLUSIVE remedy! Understand that your remedy is not filing a criminal complaint,

hiring an attorney or filing a court action, or going into their private corporate tribunals.., even, or should I say, especially as a defendant!

Tort deals with the 'moral wrongs' committed against you by 'their' missapplication of their law, statute, rules, codes, etc .... as you are not party to their social compacts, nor are you a subject thereof. Where's the jurisdiction of say Spain, Israel, General Motors, or Disneyland to apply their 'private' law to you by some communication to 'invite' you into their private court for some matter dealing with a fine or punishment because they perceive you belong to them or some nexus was established before! Certainly after Conditional Acceptance is completed and they admit that you are outside of their venue and jurisdiction, then doesn't logic dictate that any injury done or even the mis-application of their 'private statutes' constitutes the injury by which such injury was foisted upon you when a party to such social compact or officer of trust, profit or honor to such social compact assumes a delegation of authority by the misapplication of such internal management policies and procedures to justify any use of force in a rush to judgment. And that's the moral wrong and Tort handles that, as we have already covered the matter dealing with the fact you are not a party thereto!

The Tort Claim process is non-judicial (after CAFV, you have their stipulation, confession and agreement.. . what need of you to go to their court?), no filing fees, no attorneys, no judges! The Tort IS NOT filed in any court! Wow! That's quite a difference than having the entire matter controlled by the attorneys and the judges to their benefit isn't? The courts can control an 'action' that you might file to include dismissal, reduce the judgment, restrict your witnesses, not accept evidence, ignore your facts and defense, overturn a jury decision and find you in contempt and throw you in jail! And isn't this just your everyday run-of-the-mill 'Due Process' as experienced in the de-facto juridical 'tribunals' being merely federal units? (federal venues included!)

As the majority of matters for the Tort Claim process are dealings with -government agentslemployees wherein there has been some injury or wrong committed. In most all cases it's called 'misapplication of the law.' In more formal terms, and as utilized within Notice of Tort Claim,' it's worded in the manner of; "...and have committed constitutional impermissible application of the statute", (laws, codes, etc.) because YOUR NOT A PARTY NOR SIGNATORY! Others matters dealing with corporationslcompanies who primarily dishonor a commercial

discharge and fail to accept the 'instrument,' it's rather a 'commercial violation and injury.' But as a 'State created corporation,' they have violated the State 'statute' dealing with 'tender of payment' to the extent to cause not only the dishonor but they may have filed a court action, and that would be called; malicious prosecution.., even fraud!' Still, are they not misapplying the statute?

In general, their 'statutory' TENDER OF PAYMENT code is worded as; "An offer in writing to pay a particular sum of money or to deliver a written instrument or specific personal property is, if not accepted, equivalent to the actual production and tender of the money, instrument or property and the debt is discharged."

And what about the IRS??? Are you the tax-payer? Where's the statute that makes you liable? You heard all the issues before, you may have even asked the questions! But in DIVERSIFIED METAL PRODUCTS V. T-BOW COMPANY TRUST, IRS AND STEVE MORGAN, Case Number 93-405-E-EJL, the U.S. Attorney, BETTY RICHARDSON, for the Tax Division DOJ

stated in an answer and claim per; "4. Denies that the Internal Revenue Service is an agency of the United States Government but admits that the United States of America (the corporation) would be a proper party to this action." Therefore, if the IRS is not an agency of the U.S., do you think there was misapplication of their private code upon someone who was not a party to the IRS? And since the United States is the 'proper party' PRINCIPLE, guess who the Tort is filed upon for the moral wrong of such misapplication? Did you lose your home, bank account wiped out, thrown in prison??? Are the lights coming on? Your remedy is tort!

The Tort Claim is supported by an AFFIDAVIT IN SUPPORT OF TORT CLAIM and an AFFIDAVIT OF NEGATIVE AVERMENT. The Affidavit in Support contains 'positive' facts of your matter, of the events, etc., in a chronological orderlmanner by date and event. The Affidavit of Negative Averment is 'negative' facts of what 'they' failed to do, failed to disclose, failed to produce, failed to answer, failed to adjust the account, failed to 'refuse and return the instrument pursuant to IVygaard v. Continental Resources Incorporated, 598 NW 2d 851 (1991); 39 UCC 2d 851', etc.. You get the idea! Behind the affidavits is where you attach any pertinent exhibits (don't go overboard!) and then attach your 'True and Correct' copy of your original UCC-1 wherein you

captured your debtor and all the property via the security interest as filed. '

The Tort Claim is usually in letter format. In some States like California, they have a four page pre-printed form. It is advisable that you research your state statutes to familiarize yourself with their 'Tort' section and understand its application, time requirements, etc. Keep in mind that the Tort is not filed into a court for adjudication. The Tort is filed into a 'Risk Management Office,' of either municipal, county, state or federal venue as it is an 'administrative' procedure ... only (yours!). The 'original' is to be filed into 'Risk Management Office' at the State Capitol and copies under Copy Certification to the municipal or county Risk Management office and copies under Copy Certification to any others that need to be noticed. Always make up an extra couple of copies just in case and certainly put them under Copy Certification.

In some cases, a Tort filed against a corporatiodcompany; the original is filed into 'RISK MANAGEMENT' office at the State Capitol, a copy under Copy Certification to the Governor's office, and a copy under Copy Certification to the CorporatiodCompany.

Again, check your state statutes as to time frames for them to answer. If nothing is indicated, you may stipulate that they have say ... 30 days to answer!

However, pursuant to international law, the other side cannot answer the Tort Claim! Why? Because your affidavits of facts state the truth and the truth cannot be controverted, and your affidavits must be rebutted 'point by point,' and if not, then the facts stand in your record as true! And through the 'Conditional Acceptance for Proof of Claim,' process sent out first, through their 'failure and refusal' to provide proofs of claim, 'they/them/him/her' have effected 'general (and specific) acquiescence and agreement in respect to your claim! With that, how could they answer? So, you've already prevailed as to your remedy via Tort Claim per the facts and the sum certain dollar amount of your claim! So why not exercise your 'exclusive' remedy?

For those dealing with some form of 'unlawful arrest,' the damages for such were set by Trezevant v City Tampa, wherein the damages established were at $25,000 for 23 minutes! That

calculates up to 1.6 +/-million per day! You want to justifL your damages in some manner, but the other side cannot answer the Tort. You may obviously base your damages on the 'act' or 'acts' committed to support the damages via 'their' criminal code. In a matter where a child is taken by Children Services unlawfully.., maybe one might set damages at 25 million (+/-). But the dollar amount of your tort is what ever figure you determine, but try to be reasonable.

Some statutory tort information indicates that Risk Management has 6 months to investigate and settle the claim.., or deny the claim, as in the federal venue. Should Risk Management come back with a letter and deny the claim, all they're saying is, "we're not going to pay you!" or "We're not going to give you remedy!" Since the affidavits were not rebutted, the facts stand in your record as true and your claim process goes forward!

Once your 'Notice' Tort Claim is completed through 'Opportunity to Cure' "Affidavit of Notice of default" and "Affidavit/Certificate of Non-Response", you can have done a Notarial Protest on their 'dishonor'. Now you file the UCC-1 Financing Statement into the Secretary of State's UCC Office or department. Now you proceed to send out three 'Billing Statements' (..you owe $-,

please pay within 30 days!), 1 Billing Statement per month for three months. It is best to send the statements out certified mail. After the combined 90 day time period has elapsed, your Tort Claim in now perfected. And you hold in your hand the 'ACCOUNTS RECEIVABLE' (you hold the financial instrurnent/value/credit money in the form of VALUABLE commercial paper. You ready now to covert your accounts receivable into 'money of account' that you can access through, preferably, an off-shore debit card account, or strike off 'UCC-3 Assignments" to tender to discharge debts as well!

But now the question still remains ... where do you go to get that done?

Again, as explained above, though we hear rumors of some people 'monetizing' some commercial paper, we have no solid information or documentation of such happening!

However, based upon the above, you now have to take the hard medicine! When one files the tort 'Claim' with the State, "No individual, according to the law of the state against which he institutes a claim, as a citizen of that state, shall be entitled to such protection." And you are deemed an 'alien'... standing out there all alone. No protection, no rights, no standing, no nothing!

Disagree... prove the above wrong! We have already covered the points above that in not being a signatory and party to any 'De-facto State Social Compact,' you have nothing! You have already pledged ALL you property to the State, including your children! Hell, when you paid for that marriage license and got married by a state licensed preacher, you made the State a party to your so-called matrimonial union. When you registered to vote, you became a U.S. Citizedsubject. When you registered your vehicle(s) with the State, you surrendered 'title' of your vehicle(s) to the State! And then you stand there and tell people you live in a free country and have rights ... Secured Party Creditor or otherwise! The reality is of course.., just that.., it is the hard reality on the Plantation!

But as many in the Movement have said, in relation to your 'sovereignty,' and pursuant to the conditions as you have witnessed and recognized and found to be true within the de-facto corporate governments, ONE HAS TO COME OUT OF HER! One must escape Babylon! Man has learned

long ago that they MUST UNITE ... not stand out there all alone, left to be beat-up and kicked by the boots of government agents, fined and jailed! You have the right to 'emerge,' to create (by right!), to step-up into a new 'program,' a 'New Construct', if you will, of sovereigns in and for Self-Govemment!' instead of being governed like debtorlslaves on the Plantation. As Theodore Roosevelt said in 1907; "If ...men...refuse to govern themselves, then most assuredly in the end they will have to be governed from the outside."

So if you are willing to work towards more freedom, immunity and perfect your sovereignty, recognized both nationally and Internationally, then logic dictates that you have no choice but 'to come out of her' and become a 'equal sovereign' within the 'American Sovereigns Association' as a new 'Construct' for your self-government as will be recognized by nationally and international via the scriptural and international order of acceptance by and for people seeking freedom through 'going to peace' not 'going to war!' And if you do not, then you may remain a target on the Plantation, always at war, always fighting to stay ahead of their 'actions,' never free.., just a revenue collection unit for your corporate masters and their agents!

Did you see MATRIX 3 ? What Neo does in the last 30 to 45 minutes of the movie is what each sovereign member does.., except that he does not have to fight Agent Smith! See the movie again!

But:

Get busy with you must do, suggestion:

1. Become Secured Party Creditor 2. Become 'sovereign' via the American Sovereign Association 3. If you have a commercial mater (fine fee, tax or debt), or otherwise (unlawful incarceration), use CAFV. Complete that process to allow the other side to set the agreement! 4. If necessary discharge the debtlliability, etc. 5. If necessary, EXERCISE EXCLUSIVE REMDEY via Tort Claim. IF YOU'D LIKE INFO ON THE SOVEREIGNTY PROGRAM -SEND A REQUEST LETTER to the address below:

To keep up to date within the FREEDOM MOVEMENT -SUBSCRIBE to:

The American's Bulletin -P.O. Box 3096 -Central Point -Oregon 97502

1 year for $40.00, in an envelope $50.00 -check or money order made out to The American's Bulletin

or call:

ADMINISTRATIVE PROCESS FOR INJURY AND DAMAGES VIA NOTICE OF TORT CLAIM

This process is not to be construed as legal advice, but 'educational information.' In light of the Redemption program, it is now evident that the 'secured party' now has standing to 'ma claim' upon which relief can be granted. The 'secured party' can now raise a claim, state a claim andlor file a claim.. .now having standing due to filing hisher UCC-1.

Due to experience with the courts, being de-facto, it is not the place for the 'secured party' to go, in most cases to resolve issues. In most cases, the 'secured party' has experienced a damage or injury by an agent of government. In those cases, based on even a general gathering of facts, evidence, etc., the 'secured party' knows that helshe had been damaged, but other than using the de-facto courts and their 'attorneys,' remedy and relief (damages) werelare seldom obtained.

If the 'secured party' has the truth, the facts, and the evidence, then there may be no need to go into court, if there could be another avenue for remedy (damages!).

If the 'secured party,' being the 'creditor' and in some respect 'sovereign' and therefore above government, as you were not a party to the foundational documents that formed the government, and since you will not, in most likelihood, find remedy in the courts, then, as now understood, the remedy may lay at the administrative level and process, by filing an appropriate administrative demand (claim) for damages, i.e., a Tort Claim.

This administrative process (demand for damages), caused the release of IRS levies and liens of $900,000.00 +I-! (See sample documents in the back of this packet) Though the liens and levies were released, the claim for the $$$ damages is still being processed. At this time (7-04) we no information as to those $$$ damages! But the individual who filed the claim, THEN HAD standing to file the claim, as he was filed into the UCC registrv approximately a month and half prior. While others filed this same process on their respective IRS problems, they were not 'secured parties' and they received no remedy or relief.

Therefore, within this 'process,' it is suggested to construct and file:

1. For a Claim within the Federal venue -use the Standard Form 95 'CLAIM FOR DAMAGES.' NIA those boxes where appropriate. Back page may not apply to your matter. Note; Obviously, this form should be filed for federal venue matters, but it is ok to file the SF-95 for State matters, if you wish or cannot find a State format or

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form to use. Check your State web page -search 'Tort,' and/or 'Risk Management for a State level CLAIM FORM. If form is available in your State, utilize it. The States are mere sub-corporations of the parent 'federal' corporation and should be noticed as to their 'agents' actions and frauds! At the State level, filelmail certified mail to city, county, and State 'RISK MANAGEMENT OFFICE(S).' See list of federal addresses.

2. Notice of Tort Claim. Check your State web page -search 'Tort,' and/or 'Risk Management for a State level CLAIM FORM. If form is available in your State, utilize it. If the Tort Claim is in 'Letter Format,' be clear, concise, and on point, describing, who, what, why, where and when. See sample tort notice. Structure in, where applicable, that the government agent committed 'constitutional impermissible application of the statute or law.' See Letter in support of Tart and S.E.A.

3. Affidavit in Support of Tort. This should also be a clear, concise, and on point affidavit as to the facts on a point by point and in chronicle order as to events. Include statement as to your status as secured partvlcreditor in relation to the issue or matter. Sample form included.

4. Affidavit of Negative Averment. This should also be a clear, concise, and on point affidavit as to the facts of the

'nots,' what was not evidenced, not disclosed, not answered, not received, etc!

5. Exhibits and Evidence. Attach ONLY necessary Exhibits and evidence. Keep it simple, and as few as possible. Suggestion, in most cases five to ten pages. In 'bigger' matters, say 25 pages, but this is only a suggestion!

6. Certified True and Correct Copy or Blue Ink Signature Copy of UCC-1. Attach copy as a notice as to the fact that you are the 'secured party' and have the right to file the claim upon which relief can be granted, in the administrative venue.

Assemble the documents in the same order. Create two originals (with Blue Ink

signatures), one for you and one to mail to the Risk Management Office. Make any necessary copies and place them under copy certification, to be sent to any

others who need to be copied as to the Claim. Prepare the one original and any copies for certified mailing, and mail! Be sure to

place the Certified Mail number at the upper left corner of the Tort Claim (if it's in a

Letter format -if a FORM, locate the Certified Mail Number in a logical place on the

Form.

UNDERSTAND, that at this time,

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1) You've never been in the position to raise or state the claim, in respect for damages

that they must recognize!

2) Expect to receive a response letter back within a few weeks, whereby your Tort

Claim was received and a Claim Number was issued per your Claim.

3) In the federal venue, they have six months to investigate and settle!

4) In the State venue, some States have no 'time limitation' in which to answer, so you

stipulate the time they have to answer, say 30 days!

5) As to some kind of outcome or response you may receive, expect your Tort Claim

to be 'Denied!' Do not let that bother you. They have to limit the 'corporations' liability!

6) If your affidavits are not rebutted point by point, then the facts stand in your record

as true!

7) You proceed with your Claim and register your Tort Claim on a UCC-3!

Your alternative, should you decide to do nothing, is to return to the controlled defacto courts and endless time and expense dealing with adversaries and tyrants to manipulate the matter to their benefit. However, as an example, in the Oregon Revised Statutes, it states that TORT IS THE EXCLUSIVE REMEDY!

This whole process (Redemption) has changed everything as now applied to your status and standing to both 'accept for value' (create the credit) to discharge the fine, fee, Tax, debt or judgment and to have standing to file the claim for damages. As well, you will be in a better position and control to deal with and handle other matters.

If you do not understand the Redemption process and do not understand this simple process, do not do this proceed!

Aside from the obvious damage and injury done that is normally recognized, other 'Damages,' might be:

A.

A judge is tying to compel 'ineffective counsel' upon you, the SPC. B. The agents of government may violated your right to 'Due process of Law.' (there being many aspects of 'due process') C. Some agent might have filed a fraudulent 'Notice of Tax Lien.' D. Some agenttagency may have dishonored your commercial discharge and have not adjusted 'their' account! E. Some agent may have misapplied some private statute against your (and your straw Man) i.e., maybe some commercial aspect of the drivers license issue? F. And there may be cases of false arrest and unlawful imprisonment! G. There are of course many other such examples that could be cited. Just think about it in the nature of what they did, how in the many various ways did they injure and damage you! Even exceeding their jurisdiction! But most importantly, the MIS-APPLICATION of the statute which is the moral wrong committed which is the basis for the Tort Claim! Your agents/employees are to be accountable for their violations and injury they may cause and in such matters, and as they are to respond in damages, the Claim is filed within their 'insurancehonding' department of their 'state-governmentcorporation.' But

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you have to notice their superiors of that and obviously, file the appropriate exclusive remedy... Tort Claim.. .in the administrative venue.

ADDRESSES TO MAIL ADMINISTRATIVE PROCESS:

For State level (including city & county) Example, for Oregon: Locate your "Risk Management' office most likely at your State Capitol!

Oregon Department of Administrative Services Risk Management Division Atten: David L. Black 1225 Ferry Street S.E. Salem, Oregon 973 10-1 570

To send appropriate copies to City or County, locate their 'Risk Management' or 'administrative' office and address andlor ofice that deals with tort claims.

Send copies to particular 'agent/employees' as you deem necessary to notice them of same!

For Federal level: (involving federal agent/employees, etc.)

Director of Tort Branch Civil Division

U.S. Dept. of Justice Washington, D. C. 20530 For Companies/Corporations: Send original to Risk Management at the State Capitol and a copy under copy certification to the company or corporation.. . directly to it's 'Registered Agent.' You can locate that info at the Corporation commissioner's Office of the State that the company or corporation is doing business in or where incorporated!

4 -Administrative Process -CLAIM FOR DAMAGES -educational material

ADMINISTRATIVE CLAIM FOR DAMAGES:

CLARIFICATION OF INSTRUCTIONS;

Primary filing goes to 'Tort Claims Office' (TCO).. . (Do not mail a claim to the OMB Office!). . . When TCO receives your claim and they review it for procedures and that you are the 'Creditor,' you will receive Letter number one, "We have received your claim.. .and we are looking at it and we will assign it a number.. .if we accept it.'

Letter number two, "Here's your Tort claim #. .....", this means that your documents, your administrative process, or your administrative remedy has been exhausted so that you can file a Tort Claim (this is the Number One Criteria!)

You have to exhaust your administrative remedies! You must do "Letters Rogatories,' or do 'Petitions for Redress,' or the Private Administrative Process (PAP), do faults, defaults and Private Judgments. YOUR REMEDIES HAVE TO BE EXHAUSTED1

Then the TCO assigns you a NUMBER. Then they take your 'Tort Claim' and make the necessary copies.

If your Claim involves the IRS, TCO will send a copy of your Tort Claim to the IRS

Claims Office in D.C.

If your Claim involves Attorneys, judges, etc., TCO will send a copy to the COURT ADMINISTRATORS OFFICE -DOJ.

District Counsel IRS in D.C. reviews your Tort Claim (if your claim is against the IRS!) to see if you have a valid claim. If you do, they write a letter back to TCO.. ."yes there are valid claims here, you may adjudicate them!" "Or no, there are no valid claims here. Return the claim and close it."

Letter Number four, fiom DOJ says something to the effect that, "We have reviewed your documents, and we are going to adjudicate your claim!" That's the letter you want to get!

Be sure to ask for Tort Claim 'Injury' and Damages and PUNITIVE DAMAGES or ANY OTHER DAMAGES THAT YOU MAY BE AWARE OF BUT WE ARE NOT.

Be sure to ask for enough money! Make sure your Damages are high enough., that when they come back to settle, that you will be satisfied. Think big!

IRS agents now have to have a ONE BILLION DOLLAR BOND. Liability is at

$250,000 per IRS employee, 100,000 per agency ... just for an example!! Remember, there are 'several' IRS offices. Also, keep every envelope that you receive fiom IRS or from any 'adversary! '

4 -AdministrativeProcess-CLAIM FOR DAMAGES -educational material

Be sure to use the word 'injury' first before the word 'Damages.' You claim is based upon the INJLRY done by their agent/employee! The claim is for the DAMAGES for the INJURY done!! Get It? ...i.e., the Fraud is the Act, the Tort is the injury to you, and the injury is the damages sought via the claim. Be sure to stress INJLTRY. REMEMBER, FRAUD VITIATES ALL THINGS FROM THE BEGINNING!

Utilize Affidavits Notarized.. .and attach all exhibits to your Affidavits and your exhibits must be marked 'Certified True and Correct.'

Be sure you state in your Claim (in the Notice, Primary Affidavit and SF-95) that you have exhausted your administrative remedy! Attach copy of your PAP Inquiries/questions and Private Judgment which shows that your 'opponents' have went silent and admitted to the crime, acts, or fraud(s)! This is very important!

Be sure to attach your UCC-1 to show that you are the Creditor!

5 -Administrative Process -CLAM FOR DAMAGES -educational material

SAMPLE DRAFT

Certified Mail Number

IXY' 11% Mest sq.)

--'-

U.S.S.E.C. TIWACER FLAG Name...... Address.... . .. City, State Zip.. ...... (not a point of law -under necessity, per %vwmentof the parties andor in vidd@oofBill vf Rights -2nd para.) NOTICE OF TORT CLAIM Administrative Services Risk Management Division Attn: 12345 Complain St. City, State 912345 Date

Claimant: Date of Occurrence/Injury:

Dear Mr.

Claimant, ,is the Secured Party of the Debtor (name in caps) and herein submits and files this Claimfor Damages as a matter of right, arising out of violations of DUE PROCESS OF LAW, MISAPPLICATION OF STATUTE, OBSTRUCTION OF JUSTICE, DISHONOR OF A COMMERCIAL TRANSACTION, ETC. and/or violations to his person, rights and property to wit: (Add or delete those that apply -1through 18 below as to your case)

1) unlawful detention 2) false arrest, false imprisonment 3) false search and seizure 4) violation of civil rights The list if 'injuries' to the left 5) assault are only a sample! DO NOT 6) trespass leave them all in your Tort 7) battery Claim. Keep and add any that 8) kidnapping pertain to your 'case'. Check 9) coercion with Fed Criminal list in back

10) harassment of Packet! 1 1) detriment of characterlname defamed -12) emotional, physical and mental anguish 13) Obstruction of Justice 14) Violation of Due Process

Item #

1 -NOTICE OF TORT CLAIM -CLAIMANT: Your Name Here

15) Breach of contract (Constitution) 16) Violations of Constitution of United States lst, 4th. 5th (Add here violations if applicable) 17) Violations of Constitution of State of Oregon: Article 1 Section 8, 9. 10. 1 1, etc. 18) Misapplication of Statutes/laws aka 'Constitutional Impermissible Application of the Statute' being

1. On or about date at time , at Place , within the County of ,when without probable cause. Name -was violated times mentioned above by Badge # , of Jackson County Sheriffs Department, did aid & abet their employees establishing the custom and policy of forcing their way over the threshold and into a private home (4thAmendment violation), detained, placed under physical arrest and emotional restraint, questioned, searched, assaulted with a deadly weapon, arrested, jailed, caused stress and harm, all without probable cause, caused said damages. (this italicized and bolded section is original text, remove it and incorporate your 'facts!' with your obvious appropriate paragraphs per a case-bv-case basis as applied to the above points 1 through 18 as they may apply to your case!) Detailing out your Tort in explaining who, what, where, when and How.. . may expand your 'Notice of Tort Claim' to 2 to 3, or 4

pages! Be sure to number each paragraph! Be clear, concise and on point.. . do not ramble!

2. Claimant herein demands the sum certain of Three Million Dollars in functional cui-rency ( $3, 000,000) for his damages, as set out herein, as a result of the damage, injury, humiliation, embarrassment, emotional and physical distress, expenses etc., and Constitutional Impermissible Application of the Statute incurred by agent/Officer/employee/DirectorSmith. (select one or use appropriate 'title' of the wrong-doer) 3. (Optional paragraph) Said clairdnotice includes claims for the violation of civil rights under the Constitution of the United States of America. Amendments I, IV, V, and VIII pursuant to 42 USC Section 1983 and 1988, and claims for the violation of rights under the Constitution of the State of Oregon Article I. Section 3, 8, 9, 10, & 13: plus claims for false arrest, false imprisonment, assault, battery, harassment, detriment of character, and etc., as mentioned above as it operates upon the agent of government via their Oath of Office and said damages for said false arrest and unlawfUl incarceration is set via Trezivant v. City of Tampa at $25,000 for every 23 minutes or $1.6 Million per day for each day of unlawfUl incarceration. [where necessary 2 -NOTICE OF TORT CLAIM- CLAIMANT: Your Name Here Item #

i3

calculate time to date of release -example; 3 days at 4.8 Million!]

Respectfully

Without Prejudice Authorized Representative, Attorney-In-Fact

Your Name Here -Secured Party, Claimant In behalf of YOU DEBTOR NAME HEREO, ENS LEGIS

Attachments: Affidavit in Support of Tort Affidavit of Negative Averment Exhibits UCC-1

CC: ACKNOWLEDGEMENT

SUBSCRIBED TO AND SWORN before me this day of ,A.D. 2004

.Seal My Commission Expires

Note: Just remember to keep the Tort Notice and Affidavit clear, concise and on point! Just state the facts! Declare the truth! File the Claim!

Item #

AFFIDAVIT IN SUPPORT OF TORT CLAIM

State of ) ) ss: County of )

1, ,being first duly sworn, depose and say:

1. That I am the Secured PartylCreditor of the Debtor (name in caps)O, ENS LEGIS (stramineus homo). 2. That as the Secured Party, I have a priority interest in protecting the property and property right(s) of the both the Debtor and the Secured Party. 3. That I am the Secured Party Creditorlprinciple holding claim and priority lien and security interest to the Debtor. (see UCC-1 attached herein) 4. That on ,agent, employee , did

......insert details, can insert ........continue with other Numbered paragraphs!. ..

5. That .in hislher act(s) did cause injury and damage being,.. .. ...............to claimant. 6. That ,in hisher act(s) did commit 'constitutional impermissible application of the statue, law or policy' as against the Affiant. 7. That said agent/employee stipulated and agreed to the violations, misapplication and the damages as stipulated via the agreement as established by Conditional Acceptance, served on the agentlemployee on ,2004 via Certified Mail Number WHEREFORE, this Affidavit in Support of Tort Claim supports Claimants' Notice of Tort Claim and damages and is True, Correct, and Certain.

Further, Affiant Sayeth not.

Without Prejudice Authorized Representative, Attorney-In-Fact

Your Name Here -AffiantKlaimant

Secured PartyICreditor in behalf of DEBTORS NAME HEREO,ENS LEGIS

ACKNOWLEDGEMENT

SUBSCRIBED TO AND SWORN before me this day of ,A.D. 2004

Seal:

NotaryMy Commission Expires

AFFIDAVIT OF NEGATIVE AVERMENT

State of

) ss: County of )

1, ,being first duly sworn, depose and say:

1. That I am the Secured PartyICreditor of the Debtor (name in caps)@, ENS LEGIS (stramineus homo). 2. That as the Secured Party, I have a priority interest in protecting the property and property right(s) of the both the Debtor and the Secured Party. 3. That I am the creditorlprinciple holding claim and priority security lien interest on the Debtor. (see attachment- UCC-1)

4. That on ,agent for State of , has not disclosed any agreement or contract that binds the Affiant to the State of 5. That the State of ,by and through it's Attorney General has not disclosed the documentation -evidence that the Affiant has signed the social compact known as the State constitution that would bind the Affiant to the State liability and jurisdiction of the State corporation. 6. (for commercial dishonor of a transaction) That, ,as agent in of company/corporation has failed and refused to provide proof of claim as requested and by his silence has established agreement with the Affiant. 7. (for commercial dishonor of a transaction) That, ,as agent in of companylcorporation has failed or refused to return said instrument within three days pursuant to Nygaard v Continental wherein the debt is discharged by said refusal to return and therefore acceptance. 8. (for commercial dishonor of a transaction) That, ,as agent in of company/corporation did not adjust the account pursuant to State law on Tender of Payment wherein upon non-acceptance the debt is mandatorally discharged. 9.

That said actions by have caused damages and are real and approximate as so enumerated on the NOTICE OF TORT CLAIM attached hereto in and for this private matter, in respect to the damages set at the sum certain in said NOTICE OF TORT CLAIM.

WHEREFOIW, this affidavit of Negative Averment supports Claimants' Notice of Tort Claim and is true, correct, and certain.

Further, Affiant sayeth not.

Without Prejudice Authorized Representative, Attorney-In-Fact

Your Name Here -AffiantJClaimant Secured PartyICreditor in behalf of DEBTORS NAME HEREO, ENS LEGIS

ACKNOWLEDGEMENT

SUBSCRIBED TO AND SWORN before me this day of ,A.D. 2004 '

Seal: Notary My Commission Expires

Be sure remove the bracketed ( ) comments. Understand this is a 'sample' only and you

must conform your Affidavit to your 'facts' of your case. Use this as a guide only! Your Affidavit could expand out to 2 to 6 pages, depending upon the nature of your matter and all The facts necessary to enumerate in your Affidavit! Be sure include a 'footer' and remove this paragraph from your finished Affidavit! These notes apply as well to the Affidavit in Support of Notice of Tort

STATEMENT OF CLAIM -- - FOR TORT CLAIM

THREE ELEMENTS TO STATE A CLAIM

Itlformatio~l herein is not to be construed as legal advice but only as educational information!

1. There must be a mandatory duty 2. Mandatory duty was breached 3. Breach caused injury General 'SAMPLE' paragraph as applied to 'acts' by agents of government (at any level):

THEREJN, Respondent(s) identified herein have and had a mandatory duty via their Oath of Office and pursuant to the expectation that said Respondent(s) would act and operate in 'Good Faith' and with 'Clean Hands' in protecting the rights of the Claimant via said Oath in respect to the Bill of Rights and first 10 Amendment to the U.S. Constitution as itlthey operate upon the 'agent'/Respondent(s) via said Oath towards the Claimant.

Said mandatory duty of the Respondent(s) via Oath of Office via acts made and done to and upon Claimant was breached and such matters were brought to the attention of the

Respondent(s) and given opportunity to bring forth 'proof of claim' that such duty, breach, or injury was not committed against the Claimant and said Respondent(s) went silent and or failed or refused to bring forth 'proof of claim' to the contrary and therefore stipulated, agreed and confessed to their breach of mandated duty which breach caused injury to the Claimant as stated herein and herein states claim for said injuries as supported by stated in affidavit in support of tort claim as a matter of right under necessity.

The above 'paragraph' is to be placed in Tort Claim (before last paragraph and before the 'sum certain' paragraph as well!) and in the Affidavit in Support of Tort Claim, in similar location!

Application to a company/corporation, the 'contract' issue comes into play as the corporation was created by the State, exists under State control and is a co-business partner to the State.. . and it's creatures (corp fictions) come under 'Good Faith', 'Clean Hands', the UCC and Article I, Section X of the U.S. Constitution if such or any Corporation acts a Debt Collector!

A '81EGUnW [r b d4iG et seq.] Certified Mail #

4.S.S.E.C. TM6ER FLAG (not a point of latw -imder necessity, per

Damaged by Government

agreement of the parties and/or in C/O2x4 hit palace violation of Bill of Q-ights-2nd para.) Blatant Fraud, Florida [zipless]

Lien Claimant

NOTICE OF TORT CLAIM MORTAGED TO THE I-IILT, LLC. WITH Mr. I--Iit,'n Miss Getagrip ASSESSMENT FOR DAMAGES Attention: Slave master on the Plantation SUPPORTED BY AFFIDAVIT AND ?????? South Plantation Way AFFIDAVIT OF NEGATIVE Somewhere South, Florida [zipless] AVERMENT Lien Debtor

January ??, 200?

SAMPLE ONLY -NOT TO BE

RE: MORTGAGE TO THE HILT, LLC CONSTRUED AS LEGAL ADVICE.. Account Number

Language may change on a case by case basis or

TO WHOM IT MAY CONCERN:

additions or otherwise!

TRAKB-

Herein, Claimant, Damaged by Government, Secured Party Creditor and Attorney-InFact of the Debtor; DAMAGED BY GOVERVMENT herein presents this Tort Claim with Assessment for Damages, supported by Affidavit in Support of Tort Claim and Affidavit of Negative Averment. Said Tort Claim is presented as a matter of right, arising out of private injuries and violations of commercial due process of law, violation of State and Federal statute of 'Tender of Payment', See (Nygaard v. Continental), violation of equal protection of the law, fraud on the contract, no meeting of the minds

and dishonor, thereby causing injury to Claimant's private rights, commercial rights, property, mental anguish, peace of mind and otherwise.

Claim Debtor; Mortgaged to the Hilt,LLC is bound to uphold and obey federal and state law(s) while conducting business with the general public including but not limited to operating in 'good faith' and 'with clean hands.'

Claim Debtor; Mortgaged to the Hilt, LLC in respect to their agreements, presumption is made that there is full disclosure made within such agreements and that such agreements involve 'good faith' and 'clean hands.'

Claim Debtor; Mortgaged to the Hilt, LLC in its contract and subsequent dealings with Claimant, failed to give or make full disclosure as to the U.S. Bankruptcy and as to the removal of substance (gold and silver) backed or otherwise called 'constitutional money' also know as 'money of exchange' to the extent that said removal altered the conditioils

1 of 6 -Notice of Tort Claiin with Assessment for Damages Itein #date, -IMTTHSMP

I I I I I

Certified Mail #

Damaged by Government c/o 2x4 hit palace Blatant Fraud, Florida [zipless]

Lien Claimant

NOTICE OF TORT CLAIM MORTAGED TO THE HILT, LLC. WITH Mr. Hit,'n Miss Getagrip ASSESSMENT FOR DAMAGES Attention: Slave master on the Plantation SUPPORTED BY AFFIDAVIT AND ?????? South Plantation Way AFFIDAVIT OF NEGATIVE Somewhere South, Florida [zipless] AVERMENT Lien Debtor

January ??, 200?

RE: MORTGAGE TO THE HILT, LLC Account Number

To whom it May Concern:

Herein, Claimant, Damaged by Government, Secured Party Creditor and Attorney-InFact of the Debtor; DAMAGED BY GOVERNMENT herein presents this Tort Claim with Assessment for Damages, supported by Affidavit in Support of Tort Claim and Affidavit of Negative Averment. Said Tort Claim is presented as a matter of right, arising out of private injuries and violations of commercial due process of law, violation of State and Federal statute of 'Tender of Payment', See (Nygaard v. Continental), violation of equal protection of the law, fraud on the contract, no meeting of the minds and dishonor, thereby causing injury to Claimant's private rights, commercial rights, property, mental anguish, peace of mind and otherwise.

Claim Debtor; Mortgaged to the Hilt, LLC is bound to uphold and obey federal and state law(s) while coilducting business with the general public including but not limited to operating in 'good faith' and 'with clean hands.'

Claim Debtor; Mortgaged to the Hilt, LLC in respect to their agreements, presumption is made that there is full disclosure made within such agreements and that such agreements involve 'good faith' and 'clean hands.'

Claim Debtor; Mortgaged to the Hilt, LLC in its contract and subsequent dealings with Claimant, failed to give or make full disclosure as to the U.S. Bankruptcy and as to the removal of substance (gold and silver) backed or otherwise called 'constitutional money' also know as 'money of exchange' to the extent that said removal altered the conditions of all contracts and agreements at least within the united States of America and as such,

1 of 6 -Notice of Tort Claim with Assessment for Damages Item #date, -1MTTHSMP

to the detriment of the Claimant by and through the contract presented by Claim Debtor. (See Exhibit A, 'U.S. Bankruptcy' and Exhibit B, 'Walker Todd Affidavit')

Claim Debtor; Mortgaged to the Hilt, LLC pursuant to its business and upon approval of the said 'agreement' transmitted the same through the U.S. Mails and across State lines. (interstate commerce)

Claimant, was never disclosed by Claim Debtor if Claim Debtor could or did loan socalled MONEY or if 'it' Chase Home Finance, LLC loaned it's CREDIT and for any debt incurred, that claimant could 'pay' with money of exchange, or discharge said debt by tendering instrument, i.e., money of account. (See Exhibit C, Article 1, Section X of the

U.S. Constitution) Take Notice of;

Claimant, became aware of certain material facts as to the said U.S. bankruptcy, the liillitations placed upon corporations and banks in the lending of credit, that the States being in violation of Article 1, Section X of the U.S. Constitution as it operates upon the 'agents' of government by and though their 'Oath of Office' to said constitution(s) and

upon the 'creations' of government; i.e., 'Corporations and banks doing banking business and in the collection of so-called monies andlor debts, and of possible fraud on the agreementlcontract by Claim Debtor, there being no meeting of the minds, no full disclosure and the presun~ption that it was an unconscionable contractlagreement.

Claimant, initiated a private administrative process for determination of above and Accepted for Honor and Value the contract and any and all presentments and agreed to continue to make 'payments' conditioned on and predicated upon Claim Debtor by and through it's 'agents' to provide 'Proof of Claim' and as agreed, if Claim Debtor provided 'Proof,' Claimant would continue to make what is called payments. (See Exhibit D, Conditional Acceptance for Value for Proof of Claim)

In an effort to bring closure to the problems Claimant has had relative to the discharge of MORTGAGED TO THE HILT, LLC, N.A. Acct. No , Claimant mailed a Conditional Acceptance with a request for Proof of Claim on October 6th,2006, via Certified mail ~uhber . Claimant merely sought disclosure as to how any liability could be created to begin with, along with other relative points, issues or otherwise 'Proofs of Claim,' because it was the Claimant's signature that really funded the loan as agreed by Claim Debtor. It seems as though there was some

confusion on the part of the Claim DebtorIBank pursuant to their inability to provide the requested 'Proof of Claims' as presented in the above described correspondence. It was presumed that they would respond within the allowed ten (10) days and that they could prove that there was full disclosure, a proper meeting of the minds(s) no fraud on the contract, that it was not an unconscionable contract and as to what was loaned, and as to the operation or application of HJR-192 to this instant matter. And that Claim Debtor Agreed by their silence, that Claimant could 'discharge' any agreement-debt liability via Bill of Exchange, Opportunity to Cure, and Affidavit of Default.

2 of 6 -Notice of Tort Claim with Assessment for Damages Itern #date, -1MTTHSMP

Because Claim DebtorIBank did not respond, they were and are in full agreement with all the facts as they operate in favor of the Claimant and to the points made in the request for 'Proof of Claim' (CAFV) document and that Claimant could 'discharge' the Claim Debtor contract-debt liability via Bill of Exchange.

On, an Affidavit of Default and Opportunity to Cure and to Contest Acceptance was sent to MORTGAGED TO THE HILT, LLC on Whenever,??, 200?. It was sent Certified Mail # . Once again, Claim Debtor did not and has not responded yet in order to correctlrebut any said Default.

In efforts to be in compliance with Federal Law, Claimant did not assume the discharge had been complete until the full 72-hour time had passed pursuant to the Truth in end in^ Law. ~fterthis time had passed, Claimant knew that-the matter had been resolved because of the allowances established for Claimant within the exemption created from HJR-192. Claimant allowed MORTGAGED TO THE HILT LLC to use her Exemption Number social-but not---secure for the discharge of $MUCHDEBT. It is here noted that MORTGAGED TO THE HILT LLC, N.A. did not refuse or return the Bill of Exchange (within three (3) days)) for the discharge of said amount, thus by such ignoring of the truth in lending time allowance of 72 hours, but instead . . . they did in factaccept

the Bill of Exchange -the financial instrument as full satisfaction and accord in discharge of the implied debtlobligation. Section 3-603 of the Uniform Commercial Code says: "If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument and the tender is refused, there is discharge, to the extent of the amount of the tender...[" Therefore, when the mortgage company refused to accept the Bill of Exchange, which was a tendered offer, the debt was forgiven to the amount of the offer."]

Even though any supposed liability for the amount of $MUCHDEBT had been discharged with Claimant's Bill of Exchangelexemption, MORTGAGED TO THE HILT LLC, further confused themselves and the issues at hand by refusing to post the discharge to the Claimant's account, which would have resulted in the situation being taken care of in fdl satisfactionlthe account balance then being zero. (0)

MORTGAGED TO THE HILT, LLC, by their silence, failed to state a claim upon which relief could be granted (12(b)(6). Pursuant to the fact that Claimant did not have access to 'Money of Exchange' (gold or silver) to pay debts at law (Article 1, Section 10

-US Constitution), the Claimant relied upon the remedy provided by Congress to discharge the supposed liability, pursuant to HJR-192 via the Bill of Exchange

(instrument), upon agreement by Claim Debtor. Furthermore, MORTGAGED TO THE HILT, LLC has continued to dishonor Claimant by refusing to provide full disclosure as to what has happened to the original Bill of Exchange. On Anydate, 200?, Claimant requested the original 'Blue Ink Signature' to be returned within 20 days from receipt of the letter of request. To date, the financial instrument has not been returned to Claimant. To date, MORTGAGED TO

3 of 6 -Notice of Tort Clairn with Assessn~ent for Damages Item #date, -1MTTHSMP

TIIE HILT. LLC has refused to adjust the account, consequently, Claimant had demanded that MORTGAGED TO THE HILT, LLC:

1. Produce a certified color copy of the 'loan agreement' unaltered, and bearing the bona fide signature of the claimant. 2. Produce the evidence that MORTGAGED TO THE HILT, LLC has given full disclosure that 'they' by their Agreement to loan money . . . they gave or loaned the lawful consideration for Claimant's loan. 3. Produce the license for MORTGAGED TO THE HILT, LLC to do business within the state of California and South Carolina. 4. Produce evidence that pursuant to the loan agreement, that MORTGAGED TO THE MILT, LLC loaned money via the loan agreement or otherwise put something to risk via the contract with the Claimant. 5. Produce evidence that pursuant to the loan agreement, that Claimant provided anything of value that was used to give value to any instrument to be applied to the loan agreement. 6. Produce the evidence that MORTGAGED TO THE HILT, LLC accepted

anything of value from the Claimant that was used to give value to any instrument to be applied to the loan agreement and that Claimant was not the 'lender' per the agreement and transaction. 7. Produce the evidence that the Claimant did not fund the loan agreement and was not to be repaid the so-called inoney that funded that loan agreement. 8. Produce the evidence that all material facts were fully disclosed in the loan agreement including full disclosure of the existence of HJR-192 as it affected contracts. 9. Produce certified evidence that MORTGAGED TO THE HILT, LLC utilized 'General Accepted Accounting Principlcs' (GAAP). 10. Produce certified copies of the GAAP accounting per this account, showing all of the bookkeeping entries regarding the loan agreement. Because none of the above particulars were acknowledgedlresponded to, nor was any disclosure made, pursuant to the above requested particulars from Claim Debtor, MORTGAGED TO THE HILT, Claimant gave Notice of the fact that she was not disclosed as to the terms of the loan agreement nor were the terms of the loan agreement explained in any way, nor given notice of alleged loan dispute, breach of agreement, fraud in the factum, conspiracy to defraud by MORTGAGED TO THE HILT, LLC and the Claim Debtor failed to give full disclosure of any of the above facts and therefore

4 of 6 -Notice of Tort Claim with Assessment for Damages ltern #date, -I MTTHSbIP

violated the 'clean hands doctrine' and violated the rights, and those mentioned in paragraph one (I), title and interest in behalf of the Claimant and equal protection of the law including but not limited to HJR-192.

This Tort Clainl must be responded to, and the attached Affidavits must be rebutted within thirty days (30) by MORTGAGED TO THE HILT, LLC, otherwise all facts stand in the record as true as the Claim Debtor had a mandatory duty to give full disclosure as to all aspects of the transaction(s) and upon receiving the 'instrument' failed to adjust the account to '0' and Claim Debtor failed, refused and breeched that duty, violated the agreement with the Claimant and therein caused injury to the Claimant.

THEREIN, Respondent(s)iClaim Debtor identified herein have and had a mandatory duty via the expectation that said Respondent(s) would act and operate in 'Good Faith' and with 'Clean Hands' in respect to the transaction/contract and in respect to all facts. These acts and agreements made and done to and upon Claimant were breached and such matters were brought to the attention of the Respondent(s), whereupon Respondent(s) were given several opportunities to bring forth 'proof of claim' that such duty, breach, or injury was not committed against the Claimant. Said Respondent(s) went silent and failed

or refused to bring forth 'proof of claim' to the contrary and therefore stipulated, agreed and confessed to their breach of their mandated duty; which breach caused injury to the Claimant as stated herein. Herein, Claimant thus states claim for said injuries as supported by the stated facts that are presented in the Affidavit in Support of Tort Claim as a matter of right, under necessity.

Pursuant to this Claim, supported by affidavit(s) and relative to the stipulated matters by general acquiescence and agreement of the RespondentiClaim Debtor, the particulars of the various above-mentioned fraudulent deceptions and abuses to Claimant made by MORTGAGED TO THE HILT, LLC, and its agents have initiated untold private injuries and violations of commercial due process of law, violation of State and Federal 'Tender of Payment' statutes, see ('~y~aard

v. Continental'). There was also violation of equal protection of the law, fraud on the contract, no meeting of the minds and dishonor of tendered instrument, financial and commercial stress and mental anguish thereby causing injury to Claimant's private and personal rights, commercial rights, property, peace of mind and otherwise of Claimant. These injuries have damaged Claimant's rights, state of

mind, well being, and have caused substantial and financial injuries. ii ii // //

ii

ii

//

li ii ii ii

5 of 6 -Notice of Tort Claim with Assessment for Damages Item #date, -1 MTTHSIVIP

Wherefore Claimant herein claims Monetary Damages as real and appropriate as so enumerated herein at a sum certain of One Hundred Fifty Million Dollars ($150,000,000.00) in 'American Gold Coin -"Dollars in specie" (money of exchange) or "Dollars in Currency" or "Money of Account" (Credit).

11

// // // Dated this day of -,ZOO?.

/s/--___-Damaged by Government, Claimant? Secured Party Creditor, Authorized Representative, Attorney in Fact in behalf of SUSAN M. PINYANO

ACKNOWLEDGEMENT

STATE OF SOUTH CAROLINA)

) Scilicet County of Berkley county 1

SUBSCRIBED TO AND SWORN before me this day of ,2006, a Notary, that Damaged by Government, personally appeared and lcnown to me to be the inan whose name subscribed to the within instrument and acknowledged to be the same.

,Seal; ztary~ublicin and for said State My Colnmission expires; -

6 of 6 -Notice of Tort Claim with Assessment for Damages Item #date, -1MTTHSMP

For Federal verue,.

HOW TO FILE A PROPER TORT ClAlM AND 6ET IT ACCEPTED

This article appeared in the 2001 MarchIApril issue of The American's Bulletin to further educate our readers on the Administrative venue 'Tort Claim' for Damages (ACD). This article is now not current as what we now understand, but included for your edification ... but see the 8 page letter entitled; "TO WHOM THESE PRESENTS SHALL COME!"

By Lois Clark

It is our procedure, which determines the quality of rights. ............If we fail on our procedure, then our claim fails.

T T his is really a thrill for me to be able to write this for all of you because; my story will be a familiar spirit. Have you ever suffered fiom injustice.. .kept excellent records, write

down every bad thing they have done against you?

Has the court ruled against you and you LOST? So did we! But what did we do wrong, or is that court just prejudice against us? Well, that is what we thought for years. We submitted everything correctly, put our documents into the court properly by Declaration and yet the judge said, "I can't see them." I can't see them, why can't you see them Judge, are you blind?

It has only taken 6 years for us to get to the bottom of what we thought was a judge who was being ignorant however, he was right and we were wrong, and that is very hard to accept, but maybe our experience will be a good lesson for you as it was for us.

First.. .if you want to get a document before the courts, DO NOT USE A DECLARATION. Declarations are for attorneys only as officers of the court. Always use an Affidavit with a Notary confirming your signature, attach your exhibits you want the court or any government agency to 'see' to the Affidavit, and walla, they can now see your exhibits. Always certify your exhibits with your blue ink signature that they are true, correct complete and not misleading. The American's Bulletin has the correct stamp available so that you do it correctly. It is the Notary as

an officer of the court who carries your documents through to the proper party. They are a Notary Public, get it.

Have you kept good records, do you have files galore, have you prepared your fraud charges against the party who committed these frauds? Have you found absolutely no court in the land that you feel comfortable taking your grievances to? You say your all dressed up for the ball, and no where to go? Know how you feel because we have been there.

I was chatting with a good friend, telling him of my "no ball" to go to, and he said after a big pause, why don't you file a tort claim? I said, actually I hadn't given it a thought, and.. .I do not know how. He said, I'll send you some literature. That good friend was Bob Kelly, Publisher of The American's Bulletin. The next day I received my package fiom Bob and after checking through it, and thinking to myself, I can do that, so I went to work filling out a federal tort claims form for injury and damages which seemed to be a claim for insurance which did not look right, but 1'11 give it a whirl, I have no other place to go.

1 -How to File a Tort (ACD)

Using some of the Redemption Program, my constant studying of law and the administrative procedures, it only took me 2 % months to put it all together and pull the exhibits. It was well worth the 16 hours a day at the word processor.

The masterpiece of my life had been completed from my 25 years of record keeping, my Letter Rogatories with Interrogatories, and the hundreds of letters I had written, the thousands of hours of listening to tapes, traveling all over the united states attending seminars for 13 years, reading law books until I though my eyeballs would drop from my head.. .hoping that all of this would pay off in these tort claims.

We live on a very limited budget, (because IRS is unlawfblly taking the Social Security retirement of the "ens-legis" (look it up in your law dictionary). 1 frequent the thrift stores, and believe me; you can find jewels there not only in goods, but check out the law books! I found "emanuels Tort Claim book' loaded with information (use it to keep from making mistakes), and some student law books that have been invaluable to me for 15 cents each.

The following Information should be of help to you in filing your tort claims properly to the

correct department whether it be state or federal.

If your procedure is incorrect, you will loose every time no matter how golden your 'evidence' and how great your fraud charges are, you and your documents can 'get the gate' if you fail on your procedures..and that's a fact.

Here are some good suggestions in filing your tort claims.

1. If your tort claim is against a state employee or agency your tort claim should be filed with Risk Management. If you have any doubt, pick up the phone and call you're A.G.'s office of your state and ask them. They all have web cites too and you can print off the tort claim procedures. 2. If your tort claim is against a federal employee, a federal agency, including the Internal Revenuehnternal Revenue Service or what ever they call themselves, (they are not a part of the United States,), IRS or their agents can not claim sovereign immunity because court cases have proven they are not a part of the U.S., file your claim with the Tort Claims Branch of the United States Department of Justice, Washington D.C. using the Form 95. 3. Include your UCC-1 registration and the UCC-11 Certification in your package as proof t

that YOU ARE THE SECURED PARTY CREDITOR. 4. Be absolutely sure you have completed all of your administrative procedures, you know, the three letters (1 asking them the questions, (2 Notice of Default/Cure, and (3 Default. 5. If you have not done your administrative procedures process, stop. Do not file a tort claim. You have failed to state a claim upon which relief can be granted and YOU WILL LOOSE. Are those familiar words, I have had them rammed down my throat a time or two! 6. Where do you go.. .call the Americans Bulletin for a package on how to do this? It won't take a lot of time, but it is needfill to be successful in your claims. Once you have completed your administrative process, now they have failed to state a claim upon which relief can be granted...You hold the claim or "title" to the "thing", you are the 'head7 (finally), they are the 'tail', and you win. Keep in mind, the guy who asks the questions is always the head, the guy who answers the questions is the tail. Watch a TV court room drama with the witness in the 'hot seat' answering the questions and the confident attorney asking the questions. Got the picture? 7. Now that you are the 'head7 and the government agents are the 'tail' and they have failed to answer your golden questions that you have wanted them to answer for years and they just keep ignoring your letters, you are ready to file your tort claims. 8. Do get "emanuals law outlines, casebook edition on TORTS" ($19.95 AT THE LAW

SCHOOLBOOK STORE OR CALL AROUND) SO THAT YOU DO NOT FILE TORT CLAIMS ON ISSUES THAT do not pertain to you AND THIS CAN HAPPEN. Your claim will get rejected so don't frustrate the tort claims office and get them mad at you, not a good way to win friends and influence people. 9. Be sure you sign all of your paper work in blue ink. 10. Be sure you CERTIFY by a blue ink stamp signature all of your exhibits that they are true correct copies of originals. 2 -How to File a Tort (ACD)

11. Put your pertinent information and statements under a "Notice." Don't they always "Notice" you, you bet they do especially the IRS. That is a very important word. Always put the person you are writing to administratively, on "Notice" every single time. Start out with "Notice" at the center top of your page just before you ask your questions. 12. If you are "private" then you must state the proper jurisdiction you are bringing this "public" person under i.e. Original-Jurisdiction 1787, 1971 Amended, the Constitution for the United States of America, not their February 23, 1871 Constitution of the United States (Washington D.C. and their 10 square miles). Back issues of the American's Bulletin written by Jack Smith address the Original Jurisdiction issue. 13. If your UCC-1 is registered with the Secretary of State and you are now the Secured Party Creditor, you are private and you control the 'straw man', sign all documents as the "Secured Party Creditor" and when applicable, Holder-In-Due-Course. Remember.. .first in time and first in line and you now have standing, you have the 'claim' ('title'), to the "thing'. 14. Secured Party Creditor must hereafter appear below your signature line on every single paper in your Administrative Procedures or on all commercial process. It took us all a very long time to get here, even though some on the public side think we're nuts. They who call us 'nuts'

are usually Attorneys and be kind to them, they are officers of the court and must say and act as though we are fruitcakes or they might loose their license to 'practice'. We have been 'practiced on' a time or two and we don't want to go there anymore. 15. DO I FILE MY TORT CLAIMS IN FEDERAL OR STATE COURT? If you talk to an attorney you would think so, but that is not true. The tort claims branch/office has been a very well kept secret, but no more. You have a better chance out of court, because you do not need an attorney to file your tort claims using this method. 16. The husband and the wife should file their tort claims separately, each obtaining a Tort Claim Number. 17. Also critical is.. .BE SURE YOU ASK FOR ENOUGH MONEY. Don't be shy. What if they settle 10 cents on the dollar.. .its too late to change your dollar amount once they have adjudicated your claims? The government deals in many zero's so you mimick them. Remember money is created out of nothing by a stroke of a computer key and it costs them 2.4 cents to print the FRN's. I have had others tell me including attorneys, tort claims don't work. That is because they failed to exhaust their administrative remedies before they filed their claims and before their clients were Secured Party Creditors. The tort claims office is an administrative office.

To review briefly, your administrative remedies must have been exhausted. You must be in agreement with your party(s). When they fail to answer your questions they are in agreement with you, they have stipulated to the questions you have asked and answered for them, and if they fail to respond to you, there is no longer a contract and you hold the "Claim".

The administrative procedures can be obtained through the Americans Bulletin and their advertisers. (1) If you write the proper letters and (2) ask the proper questions "inquiries", and (3) give them the proper answers to those questions anticipating they are not going to answer ...(4) Default them if they fail to respond and in the default give them 3 days to respond and cure their default (5) and if they fail to respond to the defaultlcure you are now ready to (6) Default them out. You now have exhausted your administrative remedies; they are in agreement with you because they have remained SILENT and they have therefore STIPULATED (agreed) to all of your 'inquiries' and your 'answers to the inquiries'. Now they have 'failed to state a claim upon which relief can be granted' and you are getting closer to filing your tort claims against them.

There can be not controversy what-so-ever existing when you go to the tort claims office.

There can be no existing COlVTRACT with your tortfeasor (the guy who committed the fiaud). A letter say from the IRS is a contract. All questions (AKA Inquiries) must be asked and answered in order to end the controversy and contract. You must have settled the particular issues, which are in your tort claim. Matthew 5:25.

When you have exhausted your administrative remedies, you are now the Holder In Due Course, you hold "Title' to the "thing', you are the Secured Party Creditor, they have stipulated

3 -How to File a Tort (ACD)

and agreed with you, there is no Contract. If you fail to do this procedure, they hold title (claim) to the "Thing" you have no chance in the world of winning.

NOW YOU ARE READY TO OBTAIN A "REMEDY" for the fraud and tortious conduct they have committed against you. File your tort claims with the proper department. If you were to file your claims(s) to say Janet Reno, Department of Justice in Washington DC, that is incorrect. She does not do torts, but a branch of her department does, but don't expect her to forward it on.

I would like to end with the following words of Senator Ashcroft, our new Attorney General and head of the Department of Justice (wherein the Tort claims branch resides). I personally witnessed on television his profound statement during the 3 days of investigation of his qualifications. These words you must never forget, "the Attomev Generals number one responsibiliw is to protect the people" and we will hold him to that.

Good luck and God Bless America! Amen.

The ACD Tort Claim Process is adminishative and does not involve the 'corrupted' court where

the actions are controlled by the British BAR monopolies, whereby the righfil actions are denied, dismissed or otherwise dealt with to the detriment of the real injured party. The horror stories of the outright theft of the clients money to pay an attorney to do nothing but cause more problems is a Nation wide crime! There has to be a process or venue for a remedy WITHOUT THE USE OF CORPORATE DEFACTO CORRLIPT JUDGES AND ATTORNEYS, and it appears to be the ACD!

4 -How to File a Tort (ACD)

ADMINISTRATIVE CLAIM FOR DAMAGES:

I"!'

CLARIFICATION OF INSTRUCTIONS INTO THE FEDERAL VENUE:

P Primary filing goes to 'Tort Claims Office' (TCO). . . (Do not mail a claim to the OMB Office!)... When TCO receives your claim and they review it for procedures and that you are the 'Creditor.' You may receive a Letter that might state; "We have received your claim.. .and we are looking at it and we will assign it a number.. .if we accept it.'

You may receive a follow-up letter that might say; "Here's your Tort claim #. .....", this

means that your documents, your administrative process, or your administrative remedy

has been exhausted so that you can file a Tort Claim (this is the Number One Criteria!)

You must exhaust your administrative remedy first. This is where the CONDITIONAL ACCEPTANCE FOR VALUE FOR PROOF OF CLAIM. Your opponent will fail or refuse to provide the necessary 'Proofs of Claim' to support 'his' claim that you owe

money, need to go to jail, or you are liable! But their silence, they stipulate and set the agreement! See Letter in support of Tort and S.E.A. -8 pgs.

Then the TCO assigns you a NUMBER. Then they take your 'Tort Claim' and make the necessary copies.

If your Claim involves the IRS, TCO will send a copy of your Tort Claim to the IRS Claims Office in D.C.

If your Claim involves Attorneys, judges, etc., TCO will send a copy to the COURT ADMJNISTRATORS OFFICE -DOJ.

District Counsel IRS in D.C. reviews your Tort Claim (if your claim 's against the IRS!) to see if you have a valid claim. If you do, they write a letter back to TCO.. ."yes there are valid claims here, you may adjud.icate them!" "Or no, there are no valid claims here. Return the claim and close it."

You may receive a Letter from DOJ that may say something to the effect that; "We have reviewed your documents, and we are going to adjudicate your claim!" While that's a good letter, don't hold your breadth!

Be sure to stipulate as to your 'Damages' and include PUNITIVE DAMAGES or ANY OTHER DAMAGES THAT YOU MAY BE AWARE OF! Be sure to set your 'sum certain' damages high enough, that when then your 'Claim' (accounts receivable) is exchanged into 'credit,' in respect to the any contract and discounts for the exchange, that you will be satisfied with, which could 50% +I-of your Tort Claim!

IRS agents now have to have a ONE BILLION DOLLAR BOND. Liability is at $250,000 per IRS employee, $100,000 per agency.. . just for an example! ! Remember,

5 -Administrative Process -CLAIM FOR DAMAGES -educational material

there are 'several' IRS offices. Also, keep every envelope that you receive from IRS or

from any 'adversary! '

Be sure to use the word 'injury' first before the word 'Damages.' Your claim is based

upon the INJURY done by their agent/employee via the misapplication of their statute!

The claim is for the DAMAGES for the 'moral wrong' INJURY done!! Get It?

Your Affidavits must be Notarized.. .and attach all exhibits behind your Affidavits and

your exhibits must be marked 'Certified True and Correct.'

Be sure you state in your Claim (in the Notice, Primary Affidavit and SF-95) that you have exhausted your administrative remedy! Attach copy of your CAFV (if it was completed along with Affidavit of Notice of Dishonor) which shows that your 'opponents' have gone silent (general acquiescence) and stipulated and agreed to the crime, acts, fraud(s), moral wrongs, etc! This is very important!

Be sure to attach your UCC-1 to show that you are the Creditor!

ADMINISTRATIVE CLAIM FOR DAMAGES:

CLARIFICATION OF INSTRUCTIONS INTO THE STATE VENUE:

You must exhaust your administrative remedy first. This is where the CONDITIONAL ACCEPTANCE FOR VALUE FOR PROOF OF CLAIM. Your opponent will fail or refuse to provide the necessary 'Proofs of Claim' to support 'his' claim that you owe money, need to go to jail, or you are liable! But their silence, they stipulate and set the agreement! See Letter in support of Tort and S.E.A. -8 pgs.

Be sure to stipulate as to your 'Damages' and include PUNITIVE DAMAGES or ANY OTHER DAMAGES THAT YOU MAY BE AWARE OF! Be sure to set your 'sum certain' damages high enough, that when then your 'Claim' (accounts receivable) is exchanged into 'credit,' in respect to the any contract and discounts for the exchange, that you will be satisfied with, which could 50% +I-of your Tort Claim!

Be sure to use the word 'injury' first before the word 'Damages.' Your claim is based upon the INJURY done by their agent/employee via the misapplication of their statute! The claim is for the DAMAGES for the 'moral wrong' INJURY done!! Get It?

Your Affidavits must be Notarized.. .and attach all exhibits behind your Affidavits and your exhibits must be marked 'Certified True and Correct.'

Be sure you state in your Claim that you have exhausted your administrative remedy! Attach copy of your CAFV (if it was completed along with Affidavit of Notice of Dishonor) which shows that your 'opponents' have gone silent (.general acquiescence)

6 -Administrative Process -CLAIM FOR DAMAGES -educational material 1

and stipulated and agreed to the crime, acts, fraud(s), moral wrongs, etc! This is very important!

Be sure to attach your UCC-1 to show that you are the Creditor!

7 -Administrative Process -CLAIM FOR DAMAGES -educational material

Here are two 'addresses' within the federal venue to where one sends their Tort (Standard Form 95)

Phyllis Pyles Director of Tort Branch Civil Division

U.S. De~t.of Justice ~ashin&on,D.C. 20530

U.S. Department of Justice Public Integrity Section Risk Management Section Washington, D.C . 20530-0001

If you are filing a Tort in respect to the IKS, mail a copy of your Tort under copy certification to:

The Honorable Donald L. Korb General Counsel c/o Internal Revenue Service

111 1 Constitution Avenue NW Room 3026 Washington, D.C. 20224 [date of this address is 7-20-041

Check out, copy, down-load 28 CFR Ch. 1 (7-1-99 Edition) -Part 14, Entitled; ADMINISTRATIVE CLAIMS UNDER FEDERAL TORT CLAIMS ACT.. ....... . ........... for your edification as well!

THE FOLLOWING SIX PAGES ARE INCLUDED AS AN EXAMPLE. IT WAS THE FIRST EXAMPLE, THOUGH ROUGH, AS TO THE ADMINISTRATIVE TORT CLAIM PROCESS. THEY ARE NOT INCLUDED AS AN EXAMPLE TO FOLLOW, MERELY AN EXAMPLE TO SHOW THAT, IN THAT CASE, THE FILING CAUSED THE RELEASE OF A $950.000.00 DOLLAR IRS LEVY!

ImUCllONS: Please read carefully the instructions on the reverse side and FORM APPROV MB NO.

inmmrmuentedon both sides of this fpm Use addition4 shecVs) if INJURY, OR DEATH necessary. See reverseside for additional instructions.

1. Submit ToApproWiafe Federal Agency: 2. Name, Address of daimant and ctaimant's personal representative, ~f my (See instrucijons on reverse.) (Number. street, city, State and Zip Code

3. TYPE OF EMPLOYMENT 4. DATE OF BIRTH 5. MARITALSTATUS 6.DATE AND DAY OF ACCIDENT 7. TIME (A.M. OR P.M 0 WARY 0OVeUN , 8. Basis of Chlm (Statein detail the known facts and circumstaoces attending the damage, injury, or dsath. identifying persons and property involved, the Place of occurence and the cause thereof] (Use additional pages if necessary.)

9. PROPERTY DAMAGE

NAME AND ADDRESS OF OWNER. IF OTHER MAN CWMANT (Number, smt, city, State, and Zip Code)

BRIEFLY DESCRIBE ME PROPERTY, NATURE AND DCTrNTOF DAMAGE AND THELOCATION WHERE PROPERR MAY BE INSPECTED. (See instructio on reverse side.)

10. PERSONAL INJURYIWRONGFUL DEATH STATE NATURE AND MTEMOF EACH INJURY OR CAUSE OF DEATH, WHICH FORMS THE BASS OF THE CLAIM. IF OTHER THAN CLAIMANT, STA NAME OF INJURED PERSON OR DECEDENT. 1

11. WITNESSES NAME ADDRESS (Number, street, city, State, and zip Code)

12. (See instructions on reverse) AMOUNT OF CLAIM (in dollars)

12a PROPERV DAMAGE 12b. PERSONALINJURY 12c. WRONGFUL DEATH 12d. TOTAL (Failure to specify may caus forfeiture of your rights.)

ICERTlFY THAT THE AMOUNT OF CLAIM COVERS ONLY DAMAGES AND INJURIES CAUSED BY THE ACCIDENT ABOVE AND AGREE TO AMOUNT IN FULL SATlSFACTlON AND FINAL SETTLEMENT OF THIS CLAIM

13a SIGNAnRE OF CLAIMANT (See instructions on reverse side.) 13b Phone number of signatory 14. DATE OF CulM

CML PENALTY FOR PRESENTING CRIMINAL PENALTY FOR PRESENTING FRAUDULENT 3 FRAUDULENT CLAIM CLAIM OR MAKING FALSE STATEMENTS

The chimant shall forfeit and pay to Ute United States the sum of $2.000. Fine of not more than $10.000 or imprisonment for not more than 5 ye. plus double the amount of damages sustained by the United States. or both. (See 18 U.S.C. 287. 100 1.) (See 3 1 U.S.C. 3 729.) 1

STANDARD FORM 95 (Rev. 7-8'

95-109 NW7540-00-634-4046 Prevfous edilions not usable. PRESCRBED BY DEPT. OF JU!

PRIVACY ACT NOTICE

This Notice is provided in accordance with the Privacy Act. 5 U.S.C. 552a(e)(3). 8. Principal Purpose: The information requested is to be used in eMluating cbkns. and concerns me information requested in the letter to which miis Notice is attached. C. Routine Use: See the Notices of Systems of Records for the agency to whm you

A. Authority: The requested information is sdlcited pursuant to one or more of the are submitting M6 form for this information. following: 5 U.S.C. 301. 28 U.S.C. 501 et seq.. 28 U.S.C. 2671 et seq.. 28 D. Effect of Failure to Respand: Disclosure is voluntary. However. failure to supply C.F.R.Part 14. the requested information or to execute the form may render your daim "invalid". INSTRUCTIONS

Complete all nems -lnserl the word NONE whem applicable

A CUM SHALL BE DEEMED TO HAVE BEEN PRESENTED WHEN A FEDERAL AGENCY RECEIVES FFIOM A CLAIMANT, HIS DULY AIJTHORIZED AGENT, OR

LEGAL REPRESEKTmE AN MECUTED STANDARD K)RM 95 OR OTHER

VVRTEN NClllflcNlON OF AN INCIDEKT. ACCOMPANIED BY A CLAIM FOR

MONEY DAMAGES IN A SUM CERTAIN FOR INJURY lU OR LOSS OF

Any instrucbons or infomaation necessary in the preparation of your dabn win be turnshed. upon ~eguesr. by the office indrcared in item #1 on me reverse side. CM@ete pertaining to claims asserted under the FederalTort C&s Act can be found in TI 28. Code of Fed4 Regulations. Part 14. Many agencies have med supplement4 regulations a.If more than one agency is involved. please state each agency.

The ciain may be filed by a duly authorized agent or other legal representaljve. provided evidence dstadory to the Government issubmitted with said clabn estabkhing emress aumority to act for the ctaimant. A presented by an agent or

representative must be presented in me name of me &mart ,,me is signed by me agent or leBd representative, mud show me We or legal capacity of

the peMn signing and be accompanied by evidence of his/her to wesent a c&n on beii of the cbimant as agent. execute,a-. parent, guardian cr other represengtive.

If claimant intends to file cbim for both personal injury and property damage, claim for both must be shorn in item 12 of this form.

The amount *ed should be substantiated by competent evidence as follows:

la) In suppxt of the claim for personal injury or deam, the claimant should wdmit a written repcrt by the attending physician. showing the nature and extent of injury. the nature and extent of treatment. the degree of permanent disability. if any. the prognosis. and the period of hospitalirabion, or incapacitation. attaching itemized bills for medical, hospital, or burial eapenses actualiy incurred.

PROPEAPI, PERSONAL INJURY OR DEATH ALLEGED TO HAVE OCCURRED BY

REASON OF THE INCIDENT THE CLAIM MUST BE PRESENTED TO THE APPROPRIATE RDEPAL AGENCY WITHIN TWO YEARS AFER THECLAIM XCRUES.

(b) In suppxt of dains for damage to property which has been or canbe economical& repaired, the claimant should submit at least two itemized signed statements or by reliable. disinterested concerns. or. if payment has been made. the itemiz.ed signed receipts evidencing payment (c) In support of claims for damage to property which is not economically repairable. or if me pmperty is Lost or destroyed. the chinant should submit statements as to the Original cost Of me prom' the date Of and the Of the mm,both before and after the accident. Such statements should be by disinte~estedcompetent

pe~ns.prefwaMy mume dea or 0-tamil'i wim me type of property damaged. or by two or more competitive biders, and shMIld be certified as being just and (d) Failure to mpleteiy execute Miform or to sup* the requested matwithin two years from the date the a1legah-S accrued may render your claim "invalid". A claim is deemed presented when it is received by the appropriate agency. not when it ismaed. Failure to sp&fy a sum camin will rsUIt in invalid ptwsentation of your claim and may result in forfeiture ot your rights.

Public reporting burden for this collection of information is estimated to average 15 minutes per response,including me time tor rwiewing inmons, searching existing data WurW gathering and maintaining the daa needed, and completing and reviewing the collection of informatin. Send comments regarding this burden estimate or any Other 2SW of this collection of information. including sugges!ions for reducing this burden.

to Director, Torts Branch and to the

Civil Division Office of Management and Budget US Department of Justice Paperwork Reduaion ProjeQ (llO54XUS) Washington. DC 20530 Washington. DC 20503

INSURANCE COVERAGE In order that subrogabm ctaims may be adjudicated. it is essential that the ctahnant provide the foUowing information regarding the invmce coverage of his vehicle or property.

15. Do you carry accident insurance? 0 Yes. If yes, give me and address of inscpance company (Number, sfrwt, CITY,State. and Zip Code) and policy number. No 16. Have you filed daim on your insurance canier in this instance. and if so.is it full coverage or deductibk? 1 7. If deductible. state amount 18. I ctarnhas been filed w'th your carrier. what action has your -er taken or propses to take with refer-to your claim? (RIS necessary thatyou ascertain these face) I 1 19. Do you carry public liability and property damage insurance? C Yes. If yes. give name and address of ~~~ce carrier (Number. street. crty. State. and Zip Code)

No / Pi SF 95 (Rev. 7-85) BACK

mUCTK)NS Please read carefully the instructions on thereverse side and infomation on boasides of this form. use additional *eev.s) if INJURY, OR DEATH necessary. See reverse side for additional instructions.

I I 1. Submit To Appropriate Federal Agency: 2. Name, Address of claimant and c!airnant's PeMnal representative. if any. (See instructions on reverse.) (Number, street, c*, State and zp Code) 3. TYPE OF EMPLOYMEKT ( 4. DATE OF BIRTH ( 5. MARITAL STATUS 1 6. DATE AND DAY OF ACCIDENT 1 7.TIME (A.M. OR P.M.) 0 MWARY 0 CNeLUJ

8. Basis ofCblm (State in detail Ule known facts and circumstances attending the damage, injury, or death, identify~ng persons and property involved, me Phce of occrrrence and the cause thereof) (Use additional pages if necessary-) 9. PROPERTY DAMAGE NAME AND ADDRESS OF OWNER, IF OTHER THAN CLAIMANT(Number, street,city, State, and Zip Code)

BRIEFLY DESCRIBE THE PROPERTY. NANRE AND EXTENTOF DAMAGE AND THE LOCATION WHERE PROPERTY MAY BE INSPECTED. (See instruction on reverse side.)

10. PERSONAL INJURYIWRONGFUL DEATH

STATE NATURE AND ~N OF EACHT IWURY OR CAUSE OF DEATH, WHICH FORMS THE BASLS OF THE CLAIM. IF OTHER THAN CLAIMAKT, STAX NAME OF INJURED PERSON OR DECEDENT.

11. WITNESSES NAME ADDRESS (Number, street, city. State, and Zip Code)

12.(See inslructions on reverse) AMOUNT OF CLAIM (in dollars) 12a PROPERTY DAMAGE 12b.PERSONAL INJURY 12c.WRONGFUL DEAM 12d. TOTAL (Failure to specify may cause: forferture of your nghts.)

II

ICERTIFY THAT THE AMOUNT OF CLAIM COVERS ONLY DAMAGES AND INJURIES CAUSED BY THEACCIDENT ABOVE AND AGREE TO ACCEPT SL AMOUNT IN FULL SATEFACTlON AND FINAL SETTLEMENT OF THIS CLAIM

13a SIGNATURE OF CLAlMAKT (See instructions on reverse side.) 13b.Phone number of signatory 14. DATE OF CLAIM :

CIVIL PENALTY FOR PRESENTING CRIMINAL PENALTY FOR PRESENTING FRAUDULENT : FRAUDULENT CLAIM CLAIM OR MAKING FALSE STATEMENTS

The claimant shall forfeit and pay to the Un~tedStates the sum of $2.000. Fine of not more than $1 0.000or imprisonment for not more than 5 yea -

plus double the amount of damages sustained by the United States. or both. (See 18 U.S.C. 287, 1001.) [See 3 1 U.S.C. 3729.) I

6109 Prevtous editions not usable. NSN 7540-00-634-4046 STANDARD FORM 95 (Rev. 7-85 PRESCRIBED BY DEPT. OF JUS? 9n rcm TA 7

I I C PRIVACY ACT NOTlCE

This Notice is provided in accordance with the Privacy Act. 5 U.S.C. 552a(e)(3). 6. Pnircipd Purpose: The information requested is to be used in evaluating cms. and conwms theinhation requested in the letter to which Mi Notice is attached. C. RocRine Use: See the Notices of Systems of Records for the agency to whom you

A. Authority: The requested information is died pursuant to one or more of the are submitting this form for Miinformatbn. following: 5 U.S.C. 301. 28 U.S.C. 501 et seq.. 28 U.S.C. 2671 et seq.. 28 D. Effect of Failure to Respond: Disclosure is voluntary. However, failure to supply C.F.R. Part 14. the requested informadion or to execute me form may render your daim "invalid". INSTRUCTIONS

Complete all hems -Ins& the word NONE whem applicable A CWM SHALL BE DEEMEO TD HAVE.BEEN PRESENTED WHEN A FEDERAL PROPEKP(, PERSONAL IKIUm OR DfiATH ALLEGED TD HAM OCCURRED BY AGENCY RECEIVES FROM A CLAIMANT, HIS DULY AIJTHORED AGENT, OR REASON OF THE INCIDEM. THE CLAIM MUST BE PRESENTED TO THE LEGAL REPRESEWKINE AN MECUTED STANDARD FORM 95 OR OTHER APPROPRIAE FEDERAL AGENCY WITHIN TWO MARS AFTER THECLAIM ~~~N N(XIflW0N OF AN INCIDENT, ACCOMPANIED BY A CLAIM FOR ACCRUES. MONEY DAMAGES IN A SUM CERTAIN FOR INJURY T3OR LOSS OF

Any instructions or information necffsary in the preparation of your ctah will be (b) In suppoct of daims for damage to property which has been or can be furnished. upon reqoest. by the office indicated in item bl on the re- side. economical& repaired, the claimant should submit at least two itemized signed CMplete reguhtbns pertaining to daimsasserted undw the Federd Tort Claims Act statements or esthae~by reliable. disinterested concerns, or. if payment has been

can be found in Title 28. Codeof Feded Regulations. Part 14. Many agencies have made. the itemized signed receipts evidencing payment. puMshed supplemental regulations a60. If more than one agency is involved. please state each agency.

(c) In suppoct of claims for danage to propdl which is not economically repairable, The c&im may be tiled by a duly auUmized agent or omer legal representative.

or if me property is bst or destroyed. the cla!mant should submit statements as to the

provided evidence mory to the Government is submined wkh said ctain

cost of the me date of and the due of the property, both

estabfi*ing eqress authority to for me cmant. A presented by an agent or

before and after the accident Such statements should be by drsintarested competent

legal representative must be presented in the name of the ctaimant IIthe dain is

prefwabty dealers or officials familiar with the type of property

sigd by me aeent or leeal representative, it must show the or czgacity of

damaged. or by two or more competitive bidden. and sh~ld be certifiedas being just

me pwon and be by evidence of his/her to present a

and

darm on behalf of the claimant as agent. exeurtm. ab;linistrator. paent, guardian or other representative.

Ifctabnant intends to file ckh for both per- inpry and prom damage. claim

(d) Failure to mpleteiy execute this form or to supply the requested material forboth must be shown in item 12 of Miform. within two years from the date the degahns aCCNed may render your claim 'invalid".

A claim is deemed presented when it is received by the appropriate agency. not when

The amount ctaimed shwld be substantiated by competent evidence as folk~ws: it is mail*.

(a) In sup^ of me claim for personalinjury or death, the daimant s~ submit a written reW by the attending physician, showing the nature and extent of injury. the nature and extent of tTeatmMt. the degreeof permanent disability, ifany. the

Failure to spodfy a sum curtain will result in invalid presentation of your claim

~rognosis. and the period of hospitaruation. or incapitcitafion. attaching itemized bilk for medical, hos~ital. or bLlrial e m actuaUy hcurred.

and may result In twteiture of your rigMs.

Public reporting burden for this collection of information is estimated to average 15 minutes per response, including the time for reviewing instructions, searching existing data sources, gamering and maintaining Me data needed. and completing and reviewing the collection of information. Send Wmmentr regarding this burden estimate or any Other aped of this cdledion of information, induding suggestjons for reducing this burden.

to Director, Torts Branch and to the

Civil Division Offce of Management and Budget US. De~artmentof Justice . Papem* Reduction Projed (11050008) Washingbn. DC 20530 Washington, DC 20503

INSURANCE COVERAGE

h order that subrogation ctaims may be adjudicated. it is essential that the claimant provide the following informadion regarding the coverage of hivehicle or property.

15. Do yw carry accident insurance? O Yes, If yes. give name and address of inwance company (Number, street, c*. Slate. and Zip Code) and policy number. No

16. Have you filed daim on your insurance canier in this instance, and if so. is it fuU coverage or deductble? 1 7. If deductible. state amount 18. tf ctarm has been filed with yoow -I. w has your insurer taken or proposes to take with reference to your claim? (If is necessary mat you asceftain these facts) 19. Do yw carry publ~c liilrty and property damage ~nsurance? C Yes. If yes. gwe name and address of rnsurance carrler (Number, street. crty. State. and aCode) 0 No 1' SF 95 (Rev. 7-85) BACK

Shirley Kneze!, fon-feasor

Claimant. Charles#"-b

Cla1mant,Charl~s4?t sec. 1001 by Shiriey Kriezel, Ton-feasor

;s injured under Title 18 USC by knowingly and willfully falsifying documents to defraud the claimant, Charlesf and :rick bank: and Henderson Count):

Cairnant,Charles@ 'r injured by agent Kriezcl,Ton-feasor by denying :ight to due process oflaw USA Consr~tution Micle 7.

CIa~mant,Charles 's injured by agent Kriezel by extonion of monies and propeny with malice m~nderTitle 18 USA Codes sec 7? 14(a)(I )(2)

Agenr,Shirley Kriezel, fort-feasor, deprived CIairnan[.CharlesY .rights under Title i 8 US.4 set 242 by filing bootleg (illegal) levies and liens that are unenforceable aj a matter of law (Not accompanied by a warrant of distrainr issued by the Federal Coun) US V O'dell and US V Srephens equipmer~t co. 54 Br. 616 @C i985).

Clairnanr.Charies/ k denied his reiig~ousright by agent Krieze1,Ton-feasor, srealing monies belonging :o Kids Club Day Care. agent of-Ministries lnc

Under [he Federal Torts C!a~n~s

ACI, 28 CSC , 1346(b) the Uwed Stares 1s liable for rons committed by 11s employees if so commirted w~thln :he sc3pe of rhetr trnployment (THE NECESSITY FOR HAVING DELEGATED AL'THORITY)

-7 Danrc January 14,3000 /&&Charles -

P C Box-

.4 true and correct :opy of !he foregoing Federal Ton Ciaim was served via U.S,nail ro the fo!lowing

Direcror of Ton Branch Administrative Office of thc L'S Civii Division One Columbus Circile NE. t' S. dept of Justice Washing~on~DC20544 Washington, DC 205j0

ru]l&,dqxivd C2airrant-s rlghts in*!-TiLle 10R3 Ccc& *. 242. C Qainant is irijwzl -Title 18 LE W. la31by M.J.R. b';tari\y kmirgly ad willfu! Zy Ealsir;rg Ckarrmk

to krraid &7in~u1t,arri tritX tk~Imdc cud mlty.

ChiIm~ltis hijlu~jky >h-. J.R. bf ~\%;rtimof pg3Ly wibi nalicll ur* %'ti UI

Starlcy title 18 L6h.mCu& 7214 (a)(1)(2).

Cldurart is injuml @ P&. ,I. R. S-n3L-t-fez-, dnlirr~ric_hl;to ch~r.u3ssof UliLal :;tats of Pnerica Olmitutia~at-tick? 7.

J.R. SMr)cy ~-l;-f13352&~~~1 Title 18 33 (-11)levies ard are clairmnt rights u&r w. 242tl. filiig hxt:q &CXE&YLES as a natt~l-law,(& of clist.rdir~timl bj tl~!&&Laa~.

LE manici3 ky a am-~w,t 1 s. V.o1~u LlS. V. S+@m Eqdp!!. a.54 Wr 626 (a:1%)

NS 83hW31 ISElJJIF? ?3 F'E A ')T\X E,llN. m..TTCr\:&33(a!(2)(a) (iii)

CER?'I FCA7."L: OF SEHV ICE

A true anl: ccrrect (:opy of the forgoing Federal 'Fort claim was served via class 1 U. S. nla 1 to the following

C C Director i.f 'Tort Branch Eidministrative OtFice of the Uivil Diu sion USA Courts

U.S. Depa.tmcnt of J~isticc One Dolumbus Circle NE Wasllingto. ,DC.20530 Wasliington, DC. 20544

FEB-12-BB 64:21 Qm CBW

CW46YSB1 c4 p-u2

Fonn 668-A(c) uepanmenr or ~neIroasury -IIII~III~I -...-

~W*WIIUI

(Rev. August 79961 Notice of Levy

DATE: DISTRICT: TELEPHONE NUMBER EfW%ER 14, 1999 Whth Carol im OF IRS OFFICE:

i REPLY TO:

(828) 271-4724 EXT 120 Internal Revem Service P&ER: (828) 257-0195

..-

151 Patton Avenue Roan 167

NAME AND ADDRESS OF TAXPAYER:

IDENTIFYING NUMBER(S): 023-42-5985 THIS ISN'T A BILL FOR TAXES YOU OWE. THlS ISA NOTICE OF LEVY 'WE ARE USING TO COLLECT MONEY OWED BY THE lAXPAYER NAMED ABOVE. Klnd of Tax Tax Per~od Ended Unpa~dBalance of Assessment Statutory Add~t~ons Total 1040 10% 12-31-1993 12-31-1994 129,270.83 1%,ij4.32 50,116.18 66,012.26

179,396.01 216,165.3

-+RIGHTTHETOBLOCKTHEINSIGNEDISrfLESS

THIS LEW WONT ATTACH FUNDS IN lRAs SELF-EMPLOYED INDILIDUALS' RETIREMENT Total PLANS. OR ANY OTHER RETIREMENT PLANS IN YOUR POSSESSION OR CONTROL UN-Amount

Due b $ 395,562.59

We figured the Interest and late payment penalty to -39.

The Internal Revenue Code provides that there is a lien for the amount that is owed. Although we have given the notic and demand required by the Code, the amount owed hasn't been paid. This levy requires you to turn over to us thl person's property and rights to property (such as money, credits, and bank deposits) that you have or whlch you are alread

obhgated to pay this person. However. don't send us more than the "Total Amount Due."

Money In banks, credlt unions, savlngs and loans, and similar lnstitutlons described in section 408(n) of th Internal Revenue Code myst be held for 21 calendar days from the day you recelve this levy before you send us th money. Include any Interest the person earns during the 21 days. Turn over any other money, property, credlts etc. that you have or are already obligated to pay the taxpayer, when you would have paid It It this person asked fa payment.

Make a reasonable effort to identify all property and rights to property belonging to this person. At a mlnimum, searc your records using the taxpayer's name, address, and ~dent~fylng

numbers(s) shown on this form. Don't offset money person owes you without contacting us at the telephone number shown above for instructions. You may not subtract processing fee from the amount you send us. To respond to fhis levy

I. Make your check or money order payable to Internal Revenue Service. 2. Write the taxpayer's name, identifying numberis), kind of tax and tax period shown on this form, and "LEVY PROCEEDS on your check or money order (not on a detachable stub.).

3. Complete the back of Part 2 of this form and mail it to us with your payment in the enclosed envelope. 4. Keep Part 1 of this form for your records and give the taxpayer Part 3 w~thin2 days. If you don't owe any money to the taxpayer, please complete the back of Part 2, and mail that part back to us in th enclosed envelope. Signature of Service Representative Title

WIRLEYM KRIEZEL, BP~X;E#56-688 13 wv~rcl';s

I FEB-12-08 84:25 AM CBM

Depanmcnt of the Treasury -infernal Revenue Service

I ttrni 156%0

I tRc~M.ly 1994) .

Release of Levy/Release of Property from Levy

To Taxpayer(s)

CHARLES K & BETTYJ -

CLERK OF SUPERIOR COURT DRIVE HEh'DERSON COUNTY COURTIIOUSE HENDERSONVTLLE HESDERSONVILLE NC 28793-1205

A norice of levy was served on you and demand was made for the surrellder of:

a .ill i\rupcny. riphlr IU prt)pny, ill,,lay. rrtdils :I~J irlik dcpails 1111111 iagryrr(s) lwlncd shove. excap :IS

Rcvcnuc Codc--"S~.rec~;~l Rule For B:~r~kc." See Page 2 rcgnr~ii~~g

this cxccptio~~.

awnpc.. valrry :~nd ol1ir.r ilromc. IU)W tlxcd 10 tlr ~CC~IIIIII~~

pry:~l>lr lo ihc taqrycr(s) iuine~! ;.d;llr)vc

The bos checked below applies to the levy we served on you.

Release of Levy

COPY

i~n,vidcdir 03321c) (11 tile illlcrli:il

Release of Property from Levy

[7 lJ1iLlcr I\,C m,visio,ls iti~cnnl Revc~r~c ri343. all [lr~~pny, Krt:ller illilll 5

Coclc ~cclit~a "411.1,) pn)pny. moary, srsdilr. 21iJ hank JC~,I.;~S re r;c~l I Tllc lcvy IIOW ;iii;~cllcs~iilylo llii nlnoulll.

II

Tllc i;iri liiy~nvlit wr. rcccivcil I'roln yoti was 5-dated -Tllc ;ilnouiI! Ills arll:iy~~r I,, lllc rlill owes IS l. Wllcn illis ;lmswil is ll;liJ la~crll;ll

Rcvc.!lrlc Scrvicc. llle levy is rclc.;~.sctl. II'yc)u .scllr us ;I ~xlylncl)l ~rficr Ihs li~sl paymen1 Jnlc shown. s111,tracr ih:\r lroln ;lll,aull1 y,,u uelltl

I1I)W.

~iamcll .~lx)vc arc rclca%cJ frotn Illc levy.

~wcJ111 4,r Iwsoining j~~yaI>lc IIIC ~nxl>;~ver(s)

Januarv 14. ZOOO

Dared ar 151 Parlan Avenue Asheville. NC 28801 (Place) (Dare)

Signature Telepl~one Number Title

(828) 271-4724 Ext. 120 Revenue Officer f ///(Ld f1-l

$:L,,,

Department of thc Treasury -Internal Revenue Service

r..tjrnl668-D

r;~,

(Re\e ?id). Release of Levy/Release of Property from Levy

To Taxpayer(s)

BETTYA Robert York, Raintree Realty & Constructiorl DRIVE

COPY

PO Box 8942 HENDERSONVILLE Asheville NC 28793-1205

NC 288I48942

Identifying Number(s)

A notice of levy was served on you and demand was made for the surrender of:

Rcvcrlrrc Codc--"Special Rulc Fur Bnlks." Scc P;I~

Z :cg;~rdit>g 1hi.s cxccl~tion

/Jwages. ulary nlld oliier ilicom.. ntju {lurd to ur hecummg pryrhle lo llic i;~xpilycr(s) named ;ihsc

The box checked below applies to the levy we served on you.

Release of Levy

Usdcr llic ~.~uYI'~I~I~sll~tcr~laiRCVCIIII~ 6313. 311 lirolxrly. riglils 1.1 liropcrfy, Intilicy, crcJi(r. iiiil& ~elll),i,s l,f ,tic

01 Coilc -eclii~~i

laxtuysr(c) li:~lnc~i

:ilx)vc ;Ire rcleascd I'rorn ~llc Icvy.

taxlnyys(\) ~iillncd ahvc arc rclca~ccl Irorn tlic levy.

Release of Property from Levy

0tiudcr ~ile ~>rov~.\iu~i.i gre;l\crlllil.

ur IIII~~.;II Rcrc~iuc Cilde .cctiqin 6343. all prllpcfly. figJi1~ lo p")~wrry, I~UIIY).. crcdilr. iinil hank ~ir~>~~sitr

iirc reIe;~\c~I Iroln llic Icvy. T7ic lcvy llow i~rrnclic~ only to 11ii\ amorllll

grcrtrr than

0Ulldcr llic (pnirisi~llr of illtcrllrl Rcvcllac orb walioi~0313. Wulge,. salrr). 30d olllrr lrlcvlnc

than $, Elcll;

owcJ 1\1 or Iicc~~~nir~g

1iaynlllc I~I[lie I:lxli;~ycr(\) 11;1rnc~t ~Iiove 3rc rc1c:lscJ I'rom tllc levy

Dated at 151 Patron Avenue Asheville. NC 2830 1 January 14. 2000 (Placc) (Date)

Sig~iature Telephone Number Titlc

(828) 271-4724 Est. 120 Revenue Of'ficer

-___ ___

"__-".___I

FEB-03-00 07 :46 RM CBM 7046938174 p-83

r ---I

INSTRUCTIONS: Please read careruny llle lnslrucllons on the reversa slde and FORM APPROVE ,,I",,I, ii1101111a)onreqvrrlell on bolh sides of this form. Use addilionsl sl,eelisj if

m IVd-UVuU

neikisary. see reverse side fo~addilional instrucliona.

INJURY, OR DEATH 1

and clalrnanl's personai rcpresonlallve. I( my

1. Sii1.1nil To App:Oprlate Federal Age~icy. 2. Narne. ~tldress'~clai1nan1 . . -1 f

?&msbati~Offie of ~ (See fnsfrucfions on reverse.) (Number, slreei, city, Slafe end Zlp Code) Ulited statks (lxlrts

~FlinistriesIrr. (Mlc3 dh)

QE Cblmbiu Ckle FE Civil Divisia~

a!!bB.

Wlitr+1,iZ:.E44 U.S. mhmt of Justi

RzCersxNille, NJ.28792

hBsfiirgta1,E.XXjM 1

olurh. (orpl.of -pt statusdd.*W)IE: bb~'irfonraticn atbdxd

PROPERTY DAMAGE

NAME AND ADbRESS OF OWNER. IF OTFiEn THAN CLAIMANT (Number, slre,?f, cily, Stale, arld Zip Code)

2... . .. ____. ----BRIEFLY L)ESCI~!SETI IE PROPER1 t, NATUIIE A140 EXTENT OF DpIMAGL AND THE LOCAlION WIIERE FROPEnN MAY BE INSPECTED. (S.8 ins! ucf;ons on rererse side.) I! 6,CCJ q.lt. hildixg QI 133 5thace w. T-hdz%millc,tC.2873

--.-, --------. --

10. PERSOfiAL INJVRYIWRONGFUL trEA111 _ _. _.____-___ __-_ _ ._ _ _ . STATE N4TUflE .>NDEXTENT OF EACtl INJUn'f OR CAUSE OF DEATbI, WtiiCti FORMS 1tIE UASlS Or THE CLAIM. IF OTHER 'THAIJ CLAil.lANT. STATE NAME or INJUR:.D PE~~SON

or]DECEDENT.

-.-. . ---. -. ---~.

.-

WITNESSES

_. _ -. _.. --_ -_

NAME .-ADDRESS (r'ilrniber, sl.e!?f, cify. Stale, and Zip Code)

-. ---.---..-A-

&xi-1 N2.28792

Lk.knf~~~lJ.e,

---_____ -------

AMCUriT 0;CLAIM (~nUoNats)

_____ ----------

/-IZ~-P%ISONAL ( 12c WnOIIGFUL L)& r;--TOTAL (Farivre :o speclly i::ny c. 11se

IIIJURY forfeiture of your rlghts.)

1 l,m,m.m

--------'---

C__ _J -i -11 11 CERTlrY TllAT THE Ah!OUNT OF CLAIM COVERS ONLY DAMAGES AND INJUiltES CAUSED BY THE ACCIDENT ABOVE AND AGREE TO 1 CCEC r SAID:

ULL SATI!iFAClION AND FINAL SETTLEMENT OF THIS CLAlh'

a -----

( ;3b.>holrer;umberof signatory 14. [)ATE OF slAlM

ziq IES~~-1.-w2c/B----

CIIIC1I~IALPENALTY FOR PRESENTING kAAUDULENT FRAUDULEN~CLAIM I CLAIM on WAKING FALSESTATE~ENTS The cIj~,riari!sl~iiil~OIICII pay !o i:le rtlle of no1 llioln illrn $1 C.000 or impr!ronmenl ,of no1 ;uore lhan 5 years

;~ld uo;pd Stales llle swi: of 12,Oi)U of dana~essuslairied 11y !lie Ur~iledSlates 'or l~olli. (Se? 10 U.S.C.287. !OO I.)

__ -__._ _. ------._

______-_._--__ n rnr, NSN 7540.0i-63.i42-46 STANUARD rORM 95 (Rev. i 85) PRESCRlBEO BY OEPT. OF JUSrfCF

A" nrn ,A *

.-------. -..-

-. . ..

3. TVrE OF EMPLOYMENT dalLI,A~Y o CIVIC^^,, N/A -. ------1

8. Basis of Claim (Sfafe h delaif (Ire known Iacfs and circumslarlces atleilding the darrrage, iojury, or deatlr, idenlilyiny persons and properly Involved, Ilte lacs of 0ccur.epce and fhe cays6 flrereol (Use ddllio a1 ssar I &iummt rmstri~h.% d$w%mIqainst JR ,M-f fa i\C.

mlPLwL-Me. B1),lm lo fiZZ%Z% mi

m.w amm 48" i(riauthxiad levys toh1il&

I-~-K?C?.SXI Olnty qainst de;&clahntJ-Ministries Irr.J.R.Starky

bmky tkaJSard ~Ms,

-,cn

in spite c 7 all

twice KCR

oxp.lty,Crrtdcer1997ard PJaert3er 1%'

takirg

tk 31d1),bx

atte,,*s to strp ~.=ky with aff idnits sd 1etters

J.R. t,3 w-f-rr aMnri& a rptie of levy filed rn First bti-@ status.

In

Ehnk m clainant~~?

Mini;,*i~

&& ',gmt,takirg acer fiftEBZ tkuard mllars. Slid lay statEd tht-Ministria is an altE i q

calla3 alLer is a c2rtrirr1rathiard is KT to ke uz3 apinsts,(535.34),tk0,xls4-aE

dill winst Clainant,-Ministak irr.,a '131-c 3

ta;c exn@,rm filbq mLp.ratius,as J.R.

NOTE: To save time and money DO NOT SEND A COPY TO THE 'OMB' ADDRESS on the back of the Standard Form 95.. .as listed! All they want to know is, if it took you over 5 min. to fill out the form!

Based on new fairly new information by Right Way L.a.w., secure the information on the 'Private Administrative Process' and utilize that process first if possible! This process will allow you to 'exhaust' the administrative process first, supported by 'their' default and your 'Private Administrative Judgment,' which is then 'recorded and notarized' and then 'appostilled' by your Secretary of State. Now your 'judgment' (if needed to be filed into a court) can NOW be recognized by the judge. Therefore, in the file will evidence of your exhaustion of the administrative process wherein you obtained a 'judgment' based upon the fact that the other side 'defaulted' wherein they have stated that they have no claim against you, they have no witnesses against you and therefore the only evidence on file, in the record is that you won!

The judgment from this process, after appostilled, can be included as evidencelexhibit into the 'Administrative Claim for Damages Pack, to support your claim and to show that the other side defaulted and therein, there is no need for a court action.. .just mere administrative decision based upon the facts, etc., to write the check.. .for the damages!

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