affidavit of original issue (2)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 [Change all items in blue below, delete red notes, then change all print to black before printing.] IN THE MUNICIPAL COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF ORANGE STATE OF CALIFORNIA, Plaintiff, v. JOHN H. DOE©, Alleged Defendant. Case No. 0108-XXXX AFFIDAVIT OF ORIGINAL ISSUE; NOTICE OF ALLEGED DEFENDANT'S ACCEPTANCE OF CLAIM; NOTICE OF COURT'S ABANDONMENT OF CLAIM; MOTION AND ORDER TO DISMISS [Change all to the particulars of your case, i.e., the plaintiff, defendant, and your document name, case number, etc.] State of CALIFORNIA ) ) ss. County of ORANGE ) SWORN AFFIDAVIT OF FACT I, John Henry, family of Doe, the Undersigned Affiant, hereinafter "Affiant," does hereby solemnly swear (or affirm), declare, and state as follows: 1. Affiant is competent to state the matters set forth herewith. 2. Affiant has personal first-hand knowledge of the facts Page 1 of 5 – AFFIDAVIT OF ORIGINAL ISSUE; NOTICE; MOTION AND ORDER TO DISMISS

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Page 1: Affidavit of Original Issue (2)

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[Change all items in blue below, delete red notes, then change all print to black before printing.]

IN THE MUNICIPAL COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF ORANGE

STATE OF CALIFORNIA,

Plaintiff,

v.

JOHN H. DOE©,

Alleged Defendant.

Case No. 0108-XXXX

AFFIDAVIT OF ORIGINAL ISSUE;

NOTICE OF ALLEGED DEFENDANT'S ACCEPTANCE OF CLAIM;

NOTICE OF COURT'S ABANDONMENT OF CLAIM;

MOTION AND ORDER TO DISMISS

[Change all to the particulars of your case,

i.e., the plaintiff, defendant, and your

document name, case number, etc.]

State of CALIFORNIA ) ) ss.County of ORANGE )

SWORN AFFIDAVIT OF FACT

I, John Henry, family of Doe, the Undersigned Affiant, hereinafter "Affiant," does hereby

solemnly swear (or affirm), declare, and state as follows:

1. Affiant is competent to state the matters set forth herewith.

2. Affiant has personal first-hand knowledge of the facts stated herein.

3. All the facts stated herein are true, correct, and complete in accordance with Affiant's

best firsthand knowledge and understanding, and if called upon to testify as a witness

Affiant shall so state.

Page 1 of 4 – AFFIDAVIT OF ORIGINAL ISSUE; NOTICE; MOTION AND ORDER TO DISMISS

Page 2: Affidavit of Original Issue (2)

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Plain Statement of Facts

4. Affiant is the agent for alleged Defendant JOHN H. DOE©.

5. Alleged Defendant JOHN H. DOE© is the "Original Issuer" of the credit on the debt

instrument commonly known and identified as Claim or Case No. 0108-XXXX in

THE MUNICIPAL COURT OF THE STATE OF CALIFORNIA FOR THE

COUNTY OF ORANGE.

6. THE MUNICIPAL COURT OF THE STATE OF CALIFORNIA FOR THE

COUNTY OF ORANGE is a corporation doing business under an unknown tax

identification number also known as THE EAST OCEANSIDE MUNICIPAL

COURT OF THE STATE OF CALIFORNIA located at 1234 River Avenue,

OCEANSIDE, CA 86851.

7. The Original Issue price of $20,289.92 for Claim or Case No. 0108-XXXX was

accepted on June 30, 2008, by THE MUNICIPAL COURT OF THE STATE OF

CALIFORNIA FOR THE COUNTY OF ORANGE and is filed on Internal Revenue

Service Form 1099-OID (attached hereto and stated herein as alleged Defendant's

"Exhibit A").

8. Creditor JOHN H. DOE© accepted the Claim or Case No. 0108-XXXX on the

attached Internal Revenue Service Form 1099-OID (please see "Exhibit A") for the

assessed value of the taxes owed.

9. There being no controversy in THE EAST OCEANSIDE MUNICIPAL COURT OF

THE STATE OF CALIFORNIA on Claim or Case No. 0108-XXXX, this court does

Page 2 of 4 – AFFIDAVIT OF ORIGINAL ISSUE; NOTICE; MOTION AND ORDER TO DISMISS

Page 3: Affidavit of Original Issue (2)

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not have subject matter jurisdiction and must vacate any order(s) or judgment(s)

made.

10. THE EAST OCEANSIDE MUNICIPAL COURT FOR THE STATE OF

CALIFORNIA has abandoned the claim (attached hereto and stated herein as alleged

Defendants "Exhibit B").

11. THE EAST OCEANSIDE MUNICIPAL COURT FOR THE STATE OF

CALIFORNIA is in receipt of the proper Internal Revenue Service Forms 1099-OID

and 1099-A (attached hereto and stated herein as alleged Defendant's "Exhibits A &

B") for the abandonment of the Tax in this Claim or Case No. 0108-XXXX.

12. THE EAST OCEANSIDE MUNICIPAL COURT FOR THE STATE OF

CALIFORNIA, a corporation doing business under an unknown tax identification

number located at 1234 River Avenue, OCEANSIDE, CA 86851, is in violation of

United States Code Title 26 for Tax Fraud.

Wherefore the undersigned hereby moves the Court to dismiss the Plaintiff’s

complaint of June 30, 2008 . The undersigned is not a lawyer.

Dated this ______ day of _________________, 2008.

JOHN H. DOE©, alleged Defendant

By: John Henry, Agent John Henry, family of Doe, a living being

Principal, Sovereign, Power of Attorney-in-FactNo liability assumed Always with all God-given rights, waiving none ever

Page 3 of 4 – AFFIDAVIT OF ORIGINAL ISSUE; NOTICE; MOTION AND ORDER TO DISMISS

Page 4: Affidavit of Original Issue (2)

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JURAT

County of ORANGE ) ) ss.State of CALIFORNIA )

Signed and sworn to (or affirmed) before me on this, the ______ day of June, A.D. 2008,

by John Henry, family of Doe. WITNESS my hand and official seal:

___________________________________________Notary for the State of CALIFORNIAMy commission expires: ____________________

ORDER

IT IS HEREBY ORDERED that the above captioned case, and the Complaint of the

Plaintiff be dismissed with prejudice and any Notice(s) of Lis Pendens be removed from record.

Dated: _____________________, 2008.

__________________________________________Presiding Judge

Page 4 of 4 – AFFIDAVIT OF ORIGINAL ISSUE; NOTICE; MOTION AND ORDER TO DISMISS