Time: Mon Nov 04 12:40:51 1996
To: Jim McCall
From: Paul Andrew Mitchell [address in tool bar]
Subject: AFFIDAVIT OF DEFAULT
Cc: 
Bcc: 

Dear Jim,

This is my second transmission to you
of the same information.  Please check
your server(s) for errors at that end.

/s/ Paul Mitchell



>Date: Sun, 03 Nov 1996 10:14:13
>To: Jim McCall
>From: Paul Andrew Mitchell [address in tool bar]
>Subject: AFFIDAVIT OF DEFAULT
>
>[This text is formatted in Courier 11, non-proportional spacing.]
>
>
>Certified U.S. Mail                            [mailing location]
>Serial Number #P xxx xxx xxx                      [city], [state]
>Return Receipt Requested                        (zip code exempt)
>Restricted Delivery                                [today's date]
>
>
>                    AFFIDAVIT OF DEFAULT AND
>                   OF ESTOPPEL BY ACQUIESCENCE
>
>
>[bank officer]
>[name of bank]
>[address]
>[city], [state]
>
>Dear [bank officer]:
>
>     We, the  Undersigned, hereby serve upon you Our AFFIDAVIT OF
>DEFAULT to  establish presumed  fact concerning  your failure  to
>produce competent  evidence that  We, as  customers of your bank,
>ever waived  Our fundamental  Right to  due process  of  law,  as
>guaranteed by  Amendment V  to the  Constitution for  the  United
>States  of   America,  as  lawfully  amended  (hereinafter  "U.S.
>Constitution").  The U.S. Constitution is the supreme Law of this
>Land, pursuant to Article VI, Clause 2.  The constitution of this
>state also  recognizes that  the U.S. Constitution is the supreme
>Law of this Land.
>
>     On [mm/dd/yy1],  We presented  to  you  Our  formal  written
>NOTICE  AND  DEMAND  for  production  of  any  and  all  material
>evidence,  currently  in  your  possession  or  control,  of  any
>knowing, intentional,  and  voluntary  waiver(s)  by  Us  of  our
>fundamental Right  to due  process of  law.   As  stated  in  Our
>previous written  communications to  you, waivers  of fundamental
>Rights must  be knowing,  intentional, and  voluntary acts,  done
>with sufficient  awareness  of  the  relevant  circumstances  and
>likely consequences.   See  U.S. v.  Brady, 397  U.S. 742  at 748
>(1970);  U.S. v. O'Dell, 160 F.2d 304 (6th Cir. 1947).
>
>     Said NOTICE  AND DEMAND gave you reasonable notice and grace
>to locate and produce the requisite evidence of any such waivers.
>The deadline  for production  of said  evidence was  [mm/dd/yy2].
>You have  served  absolutely  nothing  upon  Us  which  could  be
>considered as a good faith and diligent attempt by you to respond
>to Our  lawful and reasonable NOTICE AND DEMAND within the stated
>deadline.
>
>     Accordingly, We  now invoke  the  doctrine  of  estoppel  by
>acquiescence, because  we can  prove that your previous fiduciary
>contract with  Us imposes  upon you  a legal  and a moral duty to
>answer, and  your silence  can  now  be  construed  as  a  fraud.
>"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."  See U. S. v. Tweel, 550 F.2d 297, 299
>(1977), emphasis  added, quoting  U.S. v. Prudden, 424 F.2d 1021,
>1032 (1970).  See also Carmine v. Bowen, 64 A. 932 (1906).
>
>                          VERIFICATION
>
>     We,  the   Undersigned,  hereby  verify,  under  penalty  of
>perjury, under  the laws of the United States of America, without
>the "United  States", that  the above statements of fact are true
>and correct,  to the  best of our current information, knowledge,
>and belief, so help Us God, pursuant to 28 U.S.C. 1746(1).
>
>FURTHER AFFIANTS SAYETH NAUGHT.
>
>
>Executed on [mm/dd/yy3]
>
>
>
>
>[signature  of first Person]
>_____________________________________
>[typed name of first Person]
>
>
>
>
>[signature  of second Person]
>_____________________________________
>[typed name of second Person]
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>[signature  of third Person]
>_____________________________________
>[typed name of third Person]
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