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Old 10-16-2005, 08:10 AM
Dano
 
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Help with an affidavit

Could some one help me out with this please. I am trying to figure out what title to give it "affidavit of ****" and also if any one has any ideas as to what I could ad to it or take away from it, would be very helpfull.
I am going to put an end to this insanity, starting with DYFS.
Dan

WHEREAS DYFS infringed upon affiants fourth amendment rights in the routine performance of their duties by asserting their right to "home visits" and interviews with my son without first obtaining a warrant based upon "probable cause supported by Oath or affirmation and particularly describing the place to be searched and the persons or things to be seized", as required by said amendment, and


WHEREAS DYFS infringed upon affiants fifth amendment rights in the routine performance of their duties by holding me accountable for capital or infamous crimes without the presentment of an indictment by a Grand Jury, and further compelled me to bear witness against myself, and


WHEREAS DYFS infringed upon the sixth amendment rights of affiant in the routine performance of their duties by denying me the right to a fair, public and speedy trial by a jury of my peers and further denying my right to confront witnesses against me, and


WHEREAS DYFS infringed upon the eighth amendment rights of affiant in the routine performance of their duties by removing my son and subjecting me to unreasonable standards for the return of my son in violation of the eighth amendment protection against cruel and unusual punishment, and


WHEREAS DYFS infringed upon the thirteenth amendment rights affiant in the routine performance of their duties by setting work standards and subjecting me to the terms of involuntary servitude, and


WHEREAS DYFS routinely operates without proper governmental accountability for their actions and the harm inflicted on innocent parents and caregivers in their attempt to discover and intercept the guilty, and


WHEREAS DYFS routinely employs a standard of "guilty until proven innocent" in defiance of accepted American judic
ial tradition,

;)

Last edited by Dano : 10-16-2005 at 08:12 AM. Reason: formatting
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  #2  
Old 10-16-2005, 08:41 AM
weishaupt1776's Avatar
weishaupt1776 weishaupt1776 is offline
The Outta Commissiona
 
Join Date: Oct 2004
Location: Florida Republic
Posts: 5,266
Include a cover letter in which you are requesting documents/public records/authorities which would authorize them to do such things as mentioned in the affidavit

Entitle it Affidavit in support of Document request

Make sure the affidavit includes ONLY facts and NOTHING ELSE !!!

Anything such as the guilty until proven innocent hrase you put in the cover letter

But in the affidavit you put DFS has not offered any evidence or material fact to prove beyond a resonable doubt or through a preponderance of evdence why they should (kidnap my children).

Then you could beef it up

Affiant denies the existence of any material fact or evidence which authorizes DFS to kidnap

Take the amendment references OUT !!!

Those are your natural rights !!!

Transform it into factual allegations in the affidavit

DFS violated my right to ___________________

then

Affiant denies the existence of any material fact or evidence which would demonstrate that DFS can abrogate the 4th amendment

Always put a default clause and give them time to rebut
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Quote:
Originally Posted by Jerry Pitts
The whole system is based upon a 'presumption' that something was represented to have occurred which may or may not have occurred in the manner which has been represented.

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  #3  
Old 10-16-2005, 08:57 AM
Dano
 
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Thank you.

Excellent, thank you very much for your help. I will clean it up then send you a copy to see what you think. It's about damn time I figured this stuff out.
Thanks again.
Dan
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  #4  
Old 10-16-2005, 09:04 AM
Dano
 
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Notarized?

Do I need to have this notarized to file it with the court clerk and to serve it on every one else?
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  #5  
Old 10-16-2005, 09:27 AM
weishaupt1776's Avatar
weishaupt1776 weishaupt1776 is offline
The Outta Commissiona
 
Join Date: Oct 2004
Location: Florida Republic
Posts: 5,266
Oh . . . ???

Didn't know you were filing

I thought this was an admin process you were conducting w/the DFS.

Okay what's going on?

Are you a plaintiff suing or are you a defendant?

What's up?
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Quote:
Originally Posted by Jerry Pitts
The whole system is based upon a 'presumption' that something was represented to have occurred which may or may not have occurred in the manner which has been represented.

When the going gets weird, the weird turn pro -Hunter S. Thompson
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  #6  
Old 10-16-2005, 10:26 AM
Dano
 
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???

How should I word the default clause?
Dan
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  #7  
Old 10-16-2005, 10:29 AM
Dano
 
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Admin?

I am a defendant against DYFS and the state of NJ. Not sure any more what this is Amin. hearing or otherwise every time I go to court.
So I guess I just want it to be in the record that my rights are being violated and I am not happy about it.
Dan
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  #8  
Old 10-16-2005, 11:22 AM
PANICPASS PANICPASS is offline
Mental Jujitsu
 
Join Date: Dec 2004
Posts: 701
All you are saying (affirming) is that they are infringing on your constitutional rights. Like they don't already know that, or care.

I don't have suggestion right now, but I'll take a look through my stuff to how you can reword it.
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  #9  
Old 10-16-2005, 12:30 PM
PANICPASS PANICPASS is offline
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Join Date: Dec 2004
Posts: 701
Try to reword your affidavit to a negative averment:

http://www.rochesterlaw.org/insidepg/files/negaver.htm
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  #10  
Old 10-16-2005, 12:46 PM
weishaupt1776's Avatar
weishaupt1776 weishaupt1776 is offline
The Outta Commissiona
 
Join Date: Oct 2004
Location: Florida Republic
Posts: 5,266
So if I am understanding this correctly, The DFS has filed an action on you and you are expected(forced) to appear/answer their complaint

Did they file or subpoena you with a case and case number

STATE

vs.

Dano?
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Quote:
Originally Posted by Jerry Pitts
The whole system is based upon a 'presumption' that something was represented to have occurred which may or may not have occurred in the manner which has been represented.

When the going gets weird, the weird turn pro -Hunter S. Thompson
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