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HomeMy WebLinkAbout971843Affidavit of fact 0008? I, Stephen -Kay: Mavy, the undersigned, make this affidavit of my own free will and hereby affirm, under my oath, that the information contained in this affidavit is true and correct. 1. Affiant is over 21 years of age and competent to testify. 2. Affiant has personal firsthand knowledge of the facts herein stated. 3. All fact stated herein are true, correct and complete, and admissible as evidence, and if called as a witness, affiant will testify to their veracity. Stephen -Kay: Mavy General Delivery Bedford, Wyoming [83112] To: John Starcevich Sergeant LINCOLN COUNTY SHERIFF DEPT. 421 Jefferson Afton, Wyoming 83110 (307) 885 -5231 John Starcevich; I.4;3 RECEIVED 7/8/2013 at 8:14 AM RECEIVING 971843 BOOK: 815 PAGE: 87 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY This letter is lawful notification to you, pursuant to The Bill of Rights of the National Constitution, in particular, the First, Fourth, Fifth, and Ninth Amendments and the Declaration of Rights of Wyoming's Constitution, in particular, Article 1: Section 2, Section 4, Section 6, Section 7, Section 18, Section 22, Section 36, and Section 37, and requires your written response to me specific to the subject matter. Your failure to respond, within 10 days, as stipulated, and rebut, with particularity, everything in this letter with which you disagree is your lawful, legal and binding agreement with and admission to the fact that everything in this letter is true, correct, legal, lawful and binding upon you, in any court, anywhere in America, without your protest or objection or that of those who represent you. Your silence is your acquiescence. See: Connally v. General Construction Co., 269 U.S. 385, 391. Notification of legal responsibility is "the first essential of due process of law." Also, See: U.S. v. Tweel, 550 f.2d 297. Silence can only be equated with fraud where there is a legal or moral duty to speak or where an inquiry left unanswered would be intentionally misleading." On 20 of May, 2013 approximately 4: 25 PM, you pulled me over on a traffic stop. After approaching the window, you asked for my Driver's license, registration and insurance. I informed you that I did not need a driver's license because I was not driving, I was traveling and traveling is a right. Driving is by definition, is hauling freight or passengers for hire. I then informed you that I had no registration or any insurance. You also seemed to not be interested in anything that I had to say about my position in regards to the law. I was taken aback by your demeanor and your attitude. Your voice was raised and threatening. You then reached into my vehicle and took the keys without asking. You then informed me that you were impounding my means of travel. You also stated that I would not get the property back until I got a license, registration and insurance. I called my nephew, Ben Mavy to come and pick me up as I was going to need a ride home. When ye arrived you were still in your vehicle. He approached your passenger side window and had a conversation with you. When you returned, your demeanor was changed, and you were from that point on very civil. 0008 You proceeded to issue me three STATE OF WYOMING summonses, numbered 45106 D, 45107 D, and 45108 D. I signed them with UCC 1 -308, then with signature. Ben and I transferred most of my belongings to Ben's truck. I have a tool box in the rear inside the camper top. The box and the camper were locked and you and I exchanged pleasantries. You also stated that you were just doing your job as you see it. I then informed you that I understood and that I had some paperwork to attend to, and that what I needed to do was not personal. You, John Starcevich, swore an oath to uphold and support both the United States Constitution and the Constitution of Wyoming. You are required to abide by that oath in the performance of your official duties. You have no Constitutional or other valid authority to defy the Constitutions, to which you owe your LIMITED authority, delegated to you by and through the People, and to which you swore your oath, yet, by your actions against me, committed on May 20 2013, you did the following The Constitution of the United States: 1. 4 5 Amendments, no warrant: Impounding my means of travel without due process of law. 2. 1 Amendment: Without my transportation, you have denied me my freedom to exercise my right to attend church. 3. 5 9 th Amendment: Without my transportation, you have denied me my right to work. 4. 5 Amendment: Without my transportation, you have denied me my right to see my doctor. 5. 5 amendment: Without my transportation, you have denied me my right to purchase food and other necessities. 6. 5 amendment: By reaching into the cab and taking the keys, you deprived me of my liberty. Wyoming's Constitution: 1. Article 1: Section 4: by being detained and deprived of my liberty. 2. 1 was not se Article 1: Section 4: cure in regards to the seizure of my property without a warrant. 3. Article 1: Section 6: without my means of travel, I was denied my ability and right to work. 4. Article 1: Section 7: you exercised arbitrary power over my life, liberty and property. 5. Article 1: Section 18: you did take my free exercise and enjoyment of religious worship. pJ 3 6. Article 1: Section 22: the right to work /labor shall have just protection 7. Article 1: Section 36: the enumeration of certain rights shall not be denied or impaired. 8. Article 1: Section 37: by violating the 1s`, 4 tn, 5 cn and the 9 Amendment's to the constitution of the United States. 9. Article 2: Section 1: you did violate the absolute separation of powers by issuing the summonses. If you disagree with anything in this letter, then rebut that with which you disagree, in writing, with particularity, to me, with 10 days of this letter's date, and support your disagreement with evidence, fact and law. Your failure to respond, as stipulated, is your agreement with and admission to the fact that everything in this letter is true, correct, legal, lawful, and is your irrevocable agreement attesting to this, fully binding upon you, in any court in America, without your protest or objection or that of those who represent you. Stephen -K, Mavy Autograph: J State of: jc y :i County of: 2-d 1/ (7444 /4 1 I3 0 "a. personally came before me, d being duly sworn, did state hat he is t e person described in the above document nd that h signer the above document in my presence and verified that the information contained in the foregoing document is true and correct on personal knowledge and acknowledged that the document was signed as a free and voluntary act for the purposes stated. Notary autograph ,�Y /mfr Notary Public In and for the County of 2,; AA'( J 1 3 0, 3 OF 0008 To: John Starcevich Sergeant LINCOLN COUNTY SHERIFF DEPT. 421 Jefferson Afton, Wyoming 83110 (307) 885 -5231 NOTICE OF NON RESPONSE Be it known to all interested parties that there has not been a timely response to the Affidavit of fact, dated June 16 2013, Declarant: Stephen -Kay: Mavy; Respondent: John Starcevich, such response to have been made to: Stephen -Kay: Mavy General Delivery Bedford Wyoming (83112) Autograph: Stephen -Kay: Mavy k wev7" State of: L4 County of: L- colvI On 7- 1 ),j personally came before me, eg)7 /917P0 14'.L41 1 and being duly sworn, did state that he is the person described in the above document and that the signed the above document in my presence and verified that the information contained in the foregoing document is true and correct on personal knowledge and acknowledged that the document was signed as a free and voluntary act for the purposes tated. Notary autograph: t� .4',i v_ Notary Public In and for the County of 4//?/ COUNTY OF l t NCOlsl p4y fl 15.: TI CXP![■E`, .IuNF I ji.,RY Pt 4611C (ATE OF 00 0' Personal Delivery: I declare that on (date) PROOF OF SERVICE /-.2D/_3 I personally delivered the attached to )I Ohdi 5ralbr_Wt-t■CA) name of ocument) (name ipient at cla/ p�— t' w )13 /10 (location) Part 3: I declare under penalty of perj _BF that the foregoing is true and correct and that this declaration was executed on 7 3 at (date) (cit/C. ord (type or pri t name) (sig ture) On PROOF OF SERVICE FORM A copy of this form shall be appropriately filled out and attached when Proof of Service or statement of delivery or mailing is required. Use Part 1 and Part 3 for delivery by mail. Use Part 2 and Part 3 for personal delivery. Part 1 Delivery by U.S. Mail: Proof of Service by Mail I declare that I am over the age of eighteen years and not a party to the action. My business address is: I served the attached by placing a true copy (Date) (Description of Document) enclosed in a sealed envelope with postage fully paid in the United States mail, addressed as follows: Part 2 Personal Delivery: I declare that on (g- l7 mil} personally delivered the attached /4FF'cic`/i 7L to: (Date) (Description of Document) JoI1IQ S,/4 (Name of Recipient) L a.)6 j s 1 F FFtc� (Location) ArTO c Part 3 I declare under penalty of perjury that the foregoing is true and correct and that this declaration was w y p Fit /f. executed on 6.-17- 201, 3 at 4F o r•/ 1$ (Date) (City) LYMr9tl /4AVi/ (Type or Print Name) (Signature 00o .r b)