Certified Mail #P xxx xxx xxx
Return Receipt Requested
c/o general delivery
San Rafael, California
March 9, 1982
Registry of Vital Records
Commonwealth of Massachusetts
150 Tremont Street, Room B-3
Boston, Massachusetts
Postal Zone 02111
To Whom It Concerns:
Enclosed please find a notarized affidavit which revokes my Birth
Certificate and revokes any Power of Attorney attached thereto.
Please be so kind as to forward the enclosed affidavit to all
appropriate governmental office(s), so that proper notice can be
taken of its contents, and suitable action(s) can be taken to
comply with its mandates.
If I do not hear from you within ninety (90) days of the above
date, I will presume that my statements are correct and that you
do not have any rebuttal.
Thank you very much for your consideration.
Sincerely yours,
/s/ John E. Trumane
John E. Trumane, Sui Juris
WITH EXPLICIT RESERVATION OF ALL MY RIGHTS
AND WITHOUT PREJUDICE UCC 1-207 (UCCA 1207)
enclosure: NUNC PRO TUNC REVOCATION OF CONTRACT
AND REVOCATION OF POWER ASSEVERATION
Correspondence with Vital Records:
Page 1 of 12
John E. Trumane
c/o general delivery
San Rafael, California Republic
united States of America
TO: Registry of Vital Records
Commonwealth of Massachusetts
150 Tremont Street, Room B-3
Boston, Massachusetts
Postal Zone 02111
TO: Social Security Administration
Office of the Commissioner
6301 Security Boulevard
Baltimore, Maryland
Postal Zone 21235
NUNC PRO TUNC REVOCATION OF CONTRACT
AND REVOCATION OF POWER ASSEVERATION
California State/Republic )
) Subscribed, Sworn and Sealed
Marin County )
PREAMBLE
I, John E. Trumane, being natural born in Massachusetts a
white male human being, now living in Marin County, California
Republic, as a Citizen in the California Republic, do hereby make
this Special Appearance, by Affidavit, in Propria Persona,
proceeding Sui Juris, At Law, in Common Law, with Assistance,
Special, neither conferring nor consenting to any foreign
jurisdiction, except to the judicial power of California and/or
America, and as such I willfully enforce all Constitutional
limitations respectively on all government agencies when dealing
with them. Wherefore, the undersigned Affiant named herein and
above, upon affirmation declares and evidences the following:
I, the undersigned, a free white male Citizen in the
California Republic, and thereby in the united States of America,
hereby affirm, declare and give notice:
Correspondence with Vital Records:
Page 2 of 12
1. That I am competent to testify to the matters herein;
and further
2. That I have personal knowledge of my status and of the
facts and evidence stated herein; and further
3. That all the facts stated herein are not hearsay but
true and correct, and admissible as evidence, if not rebutted;
and further
4. That I, John E. Trumane, am of lawful age and
competent; I am a natural born free white Citizen now living in
the California Republic, and thereby in the united States of
America, in fact, by right of heritage, a Citizen inhabiting the
California Republic, protected by the Northwest Ordinance of
1787, the Organic Act of 1849, the original Constitution of
California (1849), the Articles of Confederation (1777), the
Constitution for the united States of America (1787) including
its Preamble, and the Bill of Rights (1791) including its
Preamble; and as such I retain all my fundamental, unalienable
rights granted by God in positive law, embodied in the
Declaration of Independence of 1776 and binding rights upon
myself and my parentage, this day and for all time; and further
5. That this document has been prepared, witnessed and
filed because the State of Massachusetts holds the position that
there are no statutory provisions to rescind a Birth Certificate,
nor any trust or contractual obligations derived therefrom, and
because there is no other remedy available to me at law by which
I can declare and enforce my right to be free from State
enfranchisement and the benefits therefrom; and further
6. That, on my birthday, June 21, 1948, I was born in
Worcester, Massachusetts to my parents, Peter F. Modzelewski and
Ann M. (Young) Modzelewski, who were both under the misconception
that they were required to secure a Certificate of Birth on my
behalf, and they did obtain the same; and further
Correspondence with Vital Records:
Page 3 of 12
7. That my parents were not aware that, at the Common Law,
births were to be recorded in the family Bible, and that only
deaths were made a matter of public record; and further
8. That my parents were not aware that any certificate
required by statute to be made by officers may, as a rule, be
introduced into evidence (see Marlowe v. School District, 116 Pac
797) and, therefore, they were acquiescing to State requirements
which violate my rights to privacy and the 4th Amendment
protections under the Constitution for the united States of
America, because the Birth Certificate is the record of the State
of Massachusetts, not of the individual, and the State may be
compelled to introduce said record without my permission; and
further
9. That such statutory practices by the State of
Massachusetts are deceitful misrepresentations by the State and
society, on the recording of births, and my parents were unaware
that a Birth Certificate was not necessary, nor were they aware
that they were possibly waiving some of my rights, which rights
are unalienable rights guaranteed to me by the Constitution for
the united States of America; and further
10. That the doctor who delivered me acted as a licensed
agent of the State of Massachusetts without the consent of either
my own parents or myself, and offered me into a State trust to be
regulated as other State and corporate interests and property as
a result of that offer and acceptance, which comprises a fiction
of law under statutory law (called contracts of adhesion,
contracts implied by law, constructive contracts, quasi
contracts, also referred to as implied consent legislation); and
further
11. That, from my own spiritual beliefs and training, I
have come, and I have determined that the right to be born comes,
from God Almighty (who knew me before I existed) -- not the State
of Massachusetts and not the State of California -- and therefore
original jurisdiction upon my behavior requiring any specific
performance comes from my personal relationship with God
Almighty, unless said performance causes demonstrable damage or
injury to another natural human being; and further
12. That, after studying the Birth Certificate, I have come
to the conclusions that the Birth Certificate creates a legal
estate in myself, and acts as the nexus to bring actions against
this individual as if he were a corporate entity, that the State
of Massachusetts, in cooperation with the federal government and
its agents and assigns, is maintaining the Birth Certificate so
as to assume jurisdiction over many aspects of my life in direct
contravention of my unalienable rights and Constitutionally
secured rights to be a "Freeman" and to operate at the Common
Law; and further
Correspondence with Vital Records:
Page 4 of 12
13. That such statutory provisions also cause a loss or
diminution (depending upon other statutory provisions) of rights
guaranteed by the 1st, 2nd, 4th, 5th, 6th, 7th, and 9th
amendments in the Constitution for the united States of America;
and further
14. That, as a result of my earnest and diligent studies,
my prior ignorance has come to an end, and I have regained my
capacity to be an American Freeman; therefore, it is now
necessary that I declare any nexus assumed as a result of the
Birth Certificate, by the State of Massachusetts or by any of
its agents and assigns, including the federal government, and any
jurisdictional or other rights that may be waived as a result of
said trust/contract with all forms of government, to be null and
void from its inception, due to the deceptive duress, fraud,
injury, and incapacity perpetrated upon my parents and myself by
the State of Massachusetts, the third party to the contract; and
further
15. That I was neither born nor naturalized in the "United
States" as defined in Title 26, United States Codes and,
therefore, I am not subject to its foreign jurisdiction. See 26
CFR 1.1-1(b)-(c); and further
16. That, with this revocation of contract and the
revocation of power, I do hereby claim all of my rights, all of
my unalienable rights and all rights guaranteed by the
Constitution for the united States of America, at law, and do
hereby declare, to one and all, that I am a free and independent
Citizen now inhabiting the California Republic, who is not a
creation of, nor subject to any State's civil law of admiralty,
maritime, or equity jurisdictions and, as such, I am only
attached to the judicial Power of California and/or the united
States of America; and further
17. That I affirm, under penalty of perjury, under the
Common Law of America, without the "United States" (see 1:8:17
and 4:3:2 in the U.S. Constitution), that the Preamble and
Sections 1 thru 16 of this Affidavit, are true and correct and so
done in good faith to the best of my knowledge; and further
18. That my use of the phrase "WITH EXPLICIT RESERVATION OF
ALL MY RIGHTS AND WITHOUT PREJUDICE UCC 1-207 (UCCA 1207)" above
my signature on this document indicates that I have exercised the
"Remedy" provided for me in the Uniform Commercial Code in Book 1
at Section 207, whereby I have explicitly reserved my Common Law
right not to be compelled to perform under any contract or
commercial agreement, that I have not entered into knowingly,
voluntarily, and intentionally; that my explicit reservation of
rights has served notice upon ALL administrative agencies of
government, whether international, national, state, or local,
that I do not, and will not accept the liability associated with
the "compelled" benefit of any unrevealed commercial agreements;
and that my valid reservation of rights has preserved all my
rights and prevented the loss of any such rights by application
of the concepts of waiver or estoppel; and
Correspondence with Vital Records:
Page 5 of 12
Further This Affiant Saith Not.
Subscribed and affirmed to, Nunc Pro Tunc, on the date of my
majority, which date was June 21, 1969.
Subscribed, sealed and affirmed to this __________________ day of
__________________________, 1982 Anno Domini.
I now affix my signature to all of the affirmations herein
WITH EXPLICIT RESERVATION OF ALL MY RIGHTS, AND WITHOUT PREJUDICE
UCC 1-207 (UCCA 1207):
/s/ John E. Trumane
_________________________________________________________________
John E. Trumane, Citizen/Principal, by Special Appearance, in
Propria Persona, proceeding Sui Juris, with Assistance, Special,
"Without Prejudice" to any of my unalienable rights.
John E. Trumane
c/o general delivery
San Rafael, California Republic
Correspondence with Vital Records:
Page 6 of 12
Acknowledgement
CALIFORNIA STATE/REPUBLIC )
) Subscribed, Sworn and Sealed
MARIN COUNTY )
On this ______ day of _______________________________, 1982,
John E. Trumane did personally appear before me, and is known to
be the one described in, and who executed, the foregoing
instrument, and acknowledged that he executed the same as his
free act and deed as a Citizen/Sovereign in this above named said
State of the Union. Purpose of notary is for identification
only, and not for entrance into any foreign jurisdiction,
executed without prejudice.
_____________________________________
Notary Public
C E R T I F I C A T E O F S E R V I C E B Y M A I L
It is hereby certified that service of this ASSEVERATION has
been made on interested parties by mailing one copy thereof, on
this , day of , 1982, in a sealed envelope
with postage prepaid, properly addressed to them as follows:
Registry of Vital Records
Commonwealth of Massachusetts
150 Tremont Street, Room B-3
Boston, Massachusetts
Postal Zone 02111
Social Security Administration
Office of the Commissioner
6301 Security Boulevard
Baltimore, Maryland
Postal Zone 21235
Dated , 1982
/s/ John E. Trumane
_________________________________________________________________
John E. Trumane, Citizen/Principal, by Special Appearance, in
Propria Persona, proceeding Sui Juris, with Assistance, Special,
"Without Prejudice" to any of my unalienable rights.
Correspondence with Vital Records:
Page 7 of 12
Certified U.S. Mail c/o general delivery
Return Receipt Requested San Rafael, California
Postal Serial #P xxx xxx xxx
April 3, 1982
Elaine Records, Registrar
Department of Public Health
The Commonwealth of Massachusetts
150 Tremont Street
Boston, Massachusetts
RE: NUNC PRO TUNC REVOCATION OF CONTRACT AND REVOCATION OF POWER
ASSEVERATION
Dear Registrar:
Your letter to me dated March 23, 1982 acknowledges receipt of my
signed and notarized revocation affidavit, referenced above. I
am writing this letter in order to address the two statements
contained in your letter, and to rebut any presumptions which
could or might be conclusively established by allowing your two
statements to remain unchallenged.
Statement #1: "This letter is to inform you that there is no
provision under Massachusetts law to rescind a
properly filed birth certificate."
Although this statement may, in fact, be technically and
generally true, it is irrelevant to the specific issue at hand,
for several reasons. First of all, it implies that my original
birth certificate, on file in your office, was "properly filed."
You have made this statement contrary to numerous facts which are
contained in my revocation affidavit. You have now had ample
opportunity to rebut any and all of those facts, and you have not
done so. Accordingly, your failure to rebut any of those facts
now renders them all conclusive, permanently for the record. You
are now forever barred and estopped from challenging those facts
as stated. Therefore, my original birth certificate was not
"properly filed" as you incorrectly attempt to imply.
Correspondence with Vital Records:
Page 8 of 12
As a member of the Sovereignty by right of birth and hereditary
succession, I belong to that group of people by whose authority
the Massachusetts State Constitution was created. The
Massachusetts State Legislature was created, in turn, by that
Constitution. The "Massachusetts law" to which you refer is, in
turn, a creation of that Legislature. Regardless of your status
prior to becoming a State employee, your current status as a
State employee necessarily subjects you to the letter of that
"law". I am not subject either to the letter or to the spirit of
that law, however.
Even though you are evidently restricted by law from unilaterally
rescinding a birth certificate, I am not subject to any such a
restriction. As someone who has explicitly reserved all my
unalienable rights without prejudice to any of my unalienable
rights, I specifically retain my right to unilaterally revoke
and cancel my original birth certificate, for the several reasons
stated in my affidavit, and to render it null and void from its
inception. The affidavit which I have filed with your office is
prima facie evidence that I have, in fact, exercised that right,
the exercise of which is entirely within my Sovereign power and
authority to do.
Moreover, you are evidently unaware of my prior written
correspondence with Governor William F. Weld, in which I
documented the fraud to which the Commonwealth of Massachusetts
is an "accommodation party" as defined in the Uniform Commercial
Code. If you have any need to obtain copies of this
correspondence between me and Governor Weld, I recommend that you
first contact the Governor's staff for assistance.
Alternatively, Governor Weld's office has personally informed me
that my notice to him, with attachments, has now been forwarded
to the offices of Senator Edward M. Kennedy, United States
Senate, Washington, District of Columbia. Governor Weld's office
did not challenge or rebut any statement of fact contained in my
correspondence to him, except to suggest incorrectly that the
issues which I raised were not within his jurisdiction. Senator
Kennedy's office has not responded to me in any way concerning
the materials he received from Governor Weld.
The Commonwealth of Massachusetts is bound by the provisions of
the Uniform Commercial Code (see MCLA c 106 Section 1-207). The
conclusive facts as stated in my revocation affidavit now
constitute material proof that my original birth certificate was
an unconscionable contract ab initio because, among other
reasons, it was lacking in meaningful choice on my part. You
have already been notified, and I hereby notify you again, that I
have explicitly reserved all my unalienable rights, without
prejudice to any of my unalienable rights. This means that I
explicitly reject any and all benefits of the Uniform Commercial
Code, absent a valid commercial agreement which is in force and
to which I am a party, and cite its provisions herein only to
serve notice upon all agencies of government, whether
international, national, state, or local, that they, and not I,
are subject to, and bound by, all of its provisions, whether
cited herein or not.
Correspondence with Vital Records:
Page 9 of 12
Furthermore, my explicit reservation of rights has served notice
upon all agencies of government, including but not limited to the
Commonwealth of Massachusetts, of the "Remedy" which you must
provide for me under Article 1, Section 207 of the Uniform
Commercial Code, whereby I have explicitly reserved my Common Law
right not to be compelled to perform under any contract or
commercial agreement, that I have not entered into knowingly,
voluntarily, and intentionally.
My explicit reservation of rights has served notice upon all
agencies of government, including but not limited to the
Commonwealth of Massachusetts and all of its assignees, that they
are all limited to proceeding against me only in harmony with the
Common Law and that I do not, and will not accept the liability
associated with the "compelled" benefit of any unrevealed
commercial agreements (see UCC 3-305(2)(c)). You are under the
obligation of good faith imposed at several places in the Uniform
Commercial Code (see e.g. 1-203). My valid reservation of rights
has preserved all my rights and prevented the loss of any such
rights by application of the concepts of waiver or estoppel.
Correspondence with Vital Records:
Page 10 of 12
Statement #2: "For this reason, your birth certificate on file
in the Commonwealth of Massachusetts remains
valid."
This statement is clearly incorrect because it is a non sequitor,
in light of my responses in this letter to Statement #1, and
particularly in light of the conclusive facts as stated in my
revocation affidavit. As an unconscionable contract the primary
purpose of which was to offer me into a State trust, to be
regulated as other State and corporate interests without my full
consent of majority, this birth certificate is null and void from
its inception, as are any rights of interest which may, now or in
the future, be claimed as a result of any conveyance thereof to
undisclosed third parties.
Your attempt to assert its validity in the face of contrary
evidence is noted and can be used as prima facie evidence of your
willingness to violate and otherwise contravene my unalienable
rights and my Constitutionally secured rights as a Sovereign
Freeman. These rights include, but are not limited to, those
which are enumerated in my revocation affidavit.
You are hereby warned that you can and will be held personally
liable for any further attempts to violate my fundamental,
unalienable rights by acts on your part which attempt to compel
my specific performance to any third-party debt or obligation
created through the unlawful conveyance, conversion or other
instrumentality of an invalid birth certificate. As an employee
of the Commonwealth of Massachusetts, you are under a legal
obligation to recognize that "Constructive fraud as well as
actual fraud may be the basis of cancellation of an instrument,"
El Paso Natural Gas Co. v. Kysar Insurance Co., 605 Pacific 2d
240 (1979). Your ignorance of the law is no excuse in this
matter. If you are unsure about your own legal situation in this
matter, may I recommend that you contact the State Attorney
General's office for advice and assistance.
For your information, I am not subject to any foreign
jurisdiction by reason of any contract or commercial agreement
resulting in adhesion thereto across America, nor are millions of
other Sovereign Citizens, unless they have provided waivers of
rights guaranteed by the Constitution by means of knowingly
intelligent acts, such as contracts or commercial agreements with
such government(s) "with sufficient awareness of the relevant
circumstances and likely consequences," as ruled by the U.S.
Supreme Court in Brady v. U.S., 397 U.S. 742, 748 (1970). I have
given no such waivers, nor is it possible that I could have given
such waivers by reason of a birth certificate executed by other
parties long before I was even able to speak or write, and long
before my age of majority. Therefore, the birth certificate at
issue is necessarily null and void, ab initio, notwithstanding
any and all unsubstantiated statements by you to the contrary.
If I do not hear from you within ten (10) calendar days of the
above date, I will be entitled to the conclusive presumption that
this matter is settled.
Correspondence with Vital Records:
Page 11 of 12
Thank you very much for your consideration.
Sincerely yours,
/s/ John E. Trumane
John E. Trumane, Sui Juris
with explicit reservation of all my unalienable rights
and without prejudice to any of my unalienable rights
copy: Senator Edward M. Kennedy
United States Senate
Correspondence with Vital Records:
Page 12 of 12
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John E. Trumane