HomeMy WebLinkAbout952576IN THE DISTRICT COURT OF THE THIRD JUDICIAL DISTRICT OR AND FOR
LINCOLN COUNTY, WYOMING
FIA CARD SERVICES
Plaintiff
vs.
Vern A Cox, Secured Party Creditor
Defendant
RECEIVED 3/16/2010 at 2:00 PM
RECEIVING 952576
BOOK: 744 PAGE: 72
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
1
Civil Action No.
CV- 2009 232 -DC
AFFIDAVIT OF SPECIFIC NEGATIVE AVERMENT
ADMINISTRATIVE AFFIDAVIT OF SPECIFIC NEGATIVE
AVERMENT, OPPORTUNITY TO CURE AND COUNTERCLAIM
The following document is an administrative procedure,
within the admiralty. This document is tendered for the purpose
of remedy and relief of the fraudulent claim(s) that you have
stated against the above named Secured Party Creditor. If FIA
CARD SERVICES has lawful proof of claim against the above named
Secured Party Creditor, it must be submitted according to the
terms and conditions contained herein in order to cure your
dishonor in commerce.
c02,
I believe that the FIA CARD SERVICES has no lawful proof of
claim. I demand that FIA CARD SERVICES.provide me with the
original wet ink signature promissory note for my inspection to
determine if they have lawful proof of their alleged claim. I
believe that the note has been sold and credit was not given to
my account. As you should know the law requires lawfully
documented proof of claim when it is demanded. I believe there is
no evidence to the contrary. Attempting to enforce an unlawful
claim is theft, fraud, conspiracy, racketeering, collusion, etc.
I demand to inspect the 1099 -A forms that were filed to the IRS
showing if the Secured Party Creditor named herein was the Payor
or Recipient of the funds that were created. These funds were
created by my credit and signature and were not an asset of FIA
CARD SERVICES as is stated on their claim. I will also request a
copy from the IRS along with an IRS form 4506 -T to verify that
the forms were not filed fraudulently.
OPPORTUNITY TO CURE
000073
FIA CARD SERVICES will have 21 calendar days to cure their
dishonor in commerce by complying with one of the following:
1. Provide lawful proof of claim by presenting to me lawful
document /s that show your proof of claim. This must include the
original note, or other lawful documents, with wet ink signatures
along with an affidavit attesting to the lawful validity of this
claim by an officer or representative of FIA CARD SERVICES. This
affidavit must be signed under oath and penalties of the law
including, but not limited to perjury, OR,
2. Pay the total amount of damages as indicated in the
counterclaim herein, OR
3. Surrender all public hazard bonds, corporate bonds, blanket
bonds, insurance policies, CAFR funds, 401 -k(s), 801k(s),
retirement funds, personal wealth and properties, or any other
source of revenue as needed to cure your dishonor in commerce and
submit to the authorities for criminal prosecution.
4. Your failure to comply and cure your dishonor by answering all
of the negative averments, point by point, contained herein
within 21 days will be default. Failure to provide lawfully
documented evidence that is certified lawful, true, and correct
by the officer(s), representatives, or agent(s) of FIA CARD
SERVICES will be default. Partial or incomplete answers of any or
all negative averments will be default. Default will be complete
agreement with all of the terms, provisions, and conditions of
this contract. This is a contract in admiralty. Default by any of
the above terms, provisions, and conditions will be a self
executing confession of judgment by all parties, named or
unnamed, who are in opposition to the Secured Party Creditor
named herein. Anyone who interferes or involves him /herself with
this claim will be joined to this claim and will be jointly and
severally liable for all terms, provisions, conditions, and
damages as indicated in this contract.
COUNTERCLAIM
ficruu7
The following damages have been assessed against you if and when
you fail to cure your dishonor in commerce as is stated in the
Opportunity to Cure contained herein.
1. Failure to state a claim upon which relief can be granted.
$1,000,000.00 (One Million) US Dollars per count, per violation,
per officer, agent, or representative who is involved with this
action.
2. Dishonnor in Commerce $1,000,000.00 (One Million) US
Dollars per count, per violation, per officer, agent, or
representative who is involved with this action.
3. Collusion $1,000,000.00 (One Million) US Dollars per count,
per violation, per officer, agent, or representative who is
involved with this action.
4. Theft of Funds $1,000,000.00 (One Million) US Dollars per
violation, per officer, agent, or representative who is involved
with this action.
5. Racketeering $1,000,000.00 (One Million) US Dollars per
violation, per officer, agent, or representative who is involved
with this action.
6. Conspiracy $1,000,000.00 (One Million) US Dollars per
violation, per officer, agent, or representative who is involved
with this action.
Pkii-i 4 ell;
Vern A Cox Secured Party Creditor March 15, 2010
c/o P.O. Box 453 Afton, Wyoming
WYOMING State JURAT
ss.
LINCOLN County
00iii075
Ao 0
On the 15 day of ar LA 2009 A.D., the above signed
Secured Party Creditor personally appeared before me with this Administrative
Affidavit of Specific Negative Averment, Opportunity to Cure, and Counterclaim,
and proved to me on the basis of satisfactory evidence and identification to be
the man or woman whose name is subscribed to the within instrument, and
acknowledged to me that he or she executed the same in his/ her authorized
capacity, and that by his/ her signature on the instrument, the person or the entity
upon behalf of which the person acted, signed under oath or asseveration, and
accepts the truth thereof.
MARGE BALLS NOTARY PUBLIC
COUNTY OF STATE OF
/I J LINCOLN
WYOMING �G. r L 4l C„t I. S 1 MY COMMISSION EXPIRES MAY 25, 2010
Notary name PRINTED Notary Signature Seal /Stamp
Notary City and State
w\t, .,.s, ga
MY commission expires