HomeMy WebLinkAbout966842From: Mark W. Marino (Affiant)
PO Box 3531
Alpine, WY 83128
To: The STATE OF COLORADO, DEPARTMENT OF REVENUE
Discovery Section
Ms. Shirley Stevens
AFFIDAVIT OF MATERIAL FACTS NOTICE OF NON RESIDENCY
Filed in the Office of the Clerk of the District Court
STATE OF WYOMING
COUNTY OF LINCOLN
TOWN OF KEMMERER
RECEIVED 9/17/2012 at 2:11 PM
RECEIVING 966842
BOOK: 794 PAGE: 138
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
Whereas the STATE OF COLORADO DEPARTMENT OF REVENUE makes a demand upon me for
income tax payment for the tax year 2009 which is based upon the assumption of my
residency in the State of Colorado during the tax year 2009. The STATE OF COLORADO
therefore presumes taxation jurisdiction over my earnings and personal property for the said
time period and has submitted a bill of $2,300.00.
I, Mark W Marino, the undersigned, do solemnly swear, declare, and depose:
1. THAT I am competent to state to the matters set forth herein.
2. THAT I have personal knowledge of the facts stated herein.
3. THAT all facts stated herein are true, correct, and certain, admissible as evidence, and if
called upon as a witness, I will testify to their veracity.
4. THAT the eternal, unchanged principles of Commercial Law are:
a. A Workman is worth of his hire. (thou shalt not steal)
b. All are equal under the law. (no one is above the law, including members of
CORPORATIONS)
c. In Commerce, truth is sovereign. (thou shalt not bear false witness)
d. Truth is expressed in the form of an affidavit.
e. An unrebutted affidavit stands as truth in Commerce.
f. An unrebutted affidavit becomes the judgment in Commerce.
g. All matters must be expressed to be resolved.
h. He who leaves the battlefield loses by default.
i. Sacrifice is the measure of credibility. (no willingness to sacrifice no measure of
conviction)
j. A lien or claim can be satisfied only through an Affidavit by a point -by -point
rebuttal, resolution by jury, or by payment.
5. THAT Commercial processes, including this affidavit and the responses to it, are NON
JUDICIAL and pre judicial because:
a. No judge, court, government or agencies thereof, nor any third parties whatsoever
can abrogate anyone's affidavit of truth.
00139
b. Only a party affected by an affidavit can speak and act for himself, and is solely
responsible for responding with his own affidavit of truth, which no one else can do
for him.
6. THAT I am not the creation or chattel property of any person or government or agency. 1
am not under any obligation to ask permission, give prior notice, or make any restitution
to the State of my prior residence for vacating my residence. Nor am 1 under any
obligation to any government or agency or any of their self passed laws, statutes,
regulations or policies.
7. THAT any and all of the various papers, documents, contracts, or agreements that 1 may
have signed with any government agency or entity thereof that might be construed to
indicate conclusion contrary to my assertions herein were made, or signed by me on the
basis of mistake due to lack of full disclosure to me creating a deliberate tack of full
knowledge, a deliberate act of fraud, non disclosure, concealment of material fact, and
misrepresentation on the part of the government agency or entity thereof.
8. THAT I have absolutely no desire whatsoever to be a "client" (slave) of any governmental
agency, state or federal, or any of their Principals, or the "United States," or to incur any
debts or obligations to said entities for whatever "benefits" said entities purpose to
provide to this Affiant, or be directed by, or subject to, or accountable to any parties
other than my own conscience and best judgment for the purpose of preserving inviolate
my unalienable rights to life, liberty, freedom and property while engaging in the
honorable, productive, and non harmfut activities of my life.
9. THAT I, Mark W Marino am the sole and absolute owner of myself, my body, and my
estate, and possess unconditional, absolute, sovereign title thereto, and that 1 abjure,
renounce, forsake, and disavow utterly and absolutely now and forever all presumptions
of power, authority, or right by any governmental agency or it Principals over the
inalienable rights of life, liberty, freedom or property of mine, the Affiant, from whatever
source, presumed or derived.
10. THAT as a Citizen of the Republic of the states, I am free and entitled to travel within the
states and make my residence anywhere within the Republic.
11. THAT the STATE OF COLORADO DEPARTMENT OF REVENUE makes a taxation claim upon my
property only for the tax year of 2009, thereby admitting by default that at some time
before, or during, 2009 that I did change residence and vacate the State of Colorado.
12. THAT I have been a permanent and continuous resident and Sovereign Citizen of the State
of Wyoming since the 28 day of October, 2008. Therefore, I have not considered myself
a resident of the STATE OF COLORADO since the 27 day of October, 2008.
13. THAT my brother, Daniel R. Marino, did physically assist me in the relocation of all my
personal belongings and property from Granby, Colorado to Jackson, Wyoming on the
above mentioned date, and that he will testify as to the veracity of my statements.
14. THAT my first residence was at 4220 Timbers Place, Wilson, Wyoming for approximately
the first three months of my residency in Wyoming. See attached rent receipt.
15. That I obtained a valid Wyoming driver's license on the 21s day of November, 2008 and
that this license has been continuously in force until the present. See attached scanned
copy of driver's license documentation provided by the Wyoming DOT.
16. THAT 1 opened personal checking and savings accounts at the Bank of Jackson Hole in
November of 2008 and that these accounts have been in force, active, and in use
continuously until the present. See attached bank statement.
17. THAT I began permanent gainful employment on the 3rd day of January, 2009 at the UPS
Store #1818 located at 970 W. Broadway, Jackson, Wyoming. You can easily verify the
accuracy of this statement by calling 307.733.9250 and speak with the owner of the
business, Ms. Brenda Smith.
18. THAT I obtained a permanent Post Office Box in the Town of Jackson in November of
2008. It must be noted that the U.S. Postal Service requires written proof of address
before a Post Office Box will be issued.
19. THAT I had a second residence during the year 2009 at 4215 Melody Ranch Drive, Jackson,
Wyoming where I rented a room for 12 months from Ms. Jolynn Conrad who will attest to
this fact.
I, Mark W Marino, do solemnly swear, declare and depose that the above statements are true
and accurate. I now challenge the STATE OF COLORADO DEPARTMENT OF REVENUE to prove
that the statements by me, the Affiant, are in any way untrue. The burden of proof now rests
upon STATE OF COLORADO DEPARTMENT OF REVENUE, and I hereby grant 45 days from the
date below to the Claimant to rebut this affidavit in full, point -by- point.
I state clearly that if the STATE OF COLORADO DEPARTMENT OF REVENUE chooses to pursue
this matter to the point of arbitration or litigation and thereby forces me to defend myself, I
will be tracking all time and expenses and I will be collecting court costs and monies for
having to defend this frivolous case. My fees will be $200 per hour including travel time, with
3.5 hours already accrued.
SIGNATURE OF AFFIANT
WITNESS my hand this /.3t* day of 5 h gh‘Y 2012
/s/
STATE OF WYOMING
COUNTY OF LINCOLN
0 0 1. 4
On this day of 5q)V 2012, before me, the undersigned Notary
Public in and for the State of Wyoming, appeared NV personally
known to me to be the person whose signature appears in the within instrument and
acknowledged to me that he executed it.
Witness my hand and fficial seal:
/s/
NOTA UBLIC
Print: J�
JEAN A. JACKSON NOTARY PUBLIC
County of
Lincoln
State of
Wyoming
My Commission Expires November 21, 2012
SCREEN PRINT FOR: WTDHUNTERS
DRIVER LICENSING SERVICES: DISPLAY LICENSE DATA.
Client: 0123 -00968 MARINO, MARK WENDAL
ID: N GUN: N
PERMANENT LICENSE DATA Class: C
Issued:2008 /11/21
Last Extension:
Duplicates:
Repossession Reason:
PLACARD: N
TEMPORARY LICENSE DATA Class:
Temp Cancel Txt:
SELECT FOR DISPLAY:
1. Temporary License Data
2. Notices to Client
SELECT: HISTORY Date:
"1i4
AT: 2012/09/06 15:42:09 PROD DATA
MEDCERT: N ALERT: N ATTRIBUTE: Y STOPMAIL: N
Operator Number: 109113 -167 Assignment Date: 2008/11/21
Restrictions:
Text:
Issued:
3. Transaction Data
4. Requirements
Endorsements:
Expires:2013 /06/10
Mailed: 2008/12/09
Extensions:
Expires:
Privacy Act
Opted -In on:
DECEASED: N
O2DSPP0