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Home My WebLink AboutLindsay_Cheney 10-09-09 Q 0 A L Robert Lindsay; Cheney Jr. 55512 Pentz Road Paradise, California 1959691 530-327-7181 October 9, 2008 JO: STEVE MUSSELMAN BUTTE COUNTY SHERIFF COUNTY OF BUTTE PERRY RENIFF RISK MANAGEMENT 33 COUNTY CENTER DRIVE 3-A County Center Dr. OROVILLE, CA. 95965-3387 Oroville, CA 95965 530-538-7321 Phone: (530) 538-2030 http://www.buttecounty.net/sheriffs/genera1.htm DAVID A. ROUSER Butte County Board of Supervisors AUDITOR-CONTROLLER 25 County Center Drive 25 COUNTY CENTER DR. Oroville, CA. 95965 Oroville, CA. 95965 530-538-7607 District 1 — BILL CONNELLY District 2 — Jane Dolan 5280 Lower Wyandotte Road i 196 Memorial Way Oroville, CA. 95966 Chico, CA. 95926 530-538-6834 530-891-2830 District 3 — Maureen Kirk District 4 — curt Josiassen 196 Memorial Way 1 P.O. Box 385 Chico, CA. 95926 Richvale, CA. 95974 530-8 530-882-4447 District 5 — Kim Yamaguchi 747 Elliot Road 71_7 71 ocr QV N'MEMORANDUM AT' LAW: FINAL NOTICE AND DEMAND FOR P/�JMENT 2008 OTIZZE,I CALIPOP_\711 530-872-6303 - f l Paradise CA. 95969 FROM- Robert Lindsay; Cheney Jr. C/O: 5512 Pentz Road Paradise, California [95969] 530-327-7181 RE: MEMORANDUM OF LAW: THIRD FINAL NOTICE AND DEMAND FOR PAYMENT DEAR MR. MUSSELMAN, et ais; This is your THIRD AND FINAL NOTICE and demand for payment of the items of which I tendered to you upon the instructions of your Sheriff PERRY RENIFF stemming from his March 12, 2008 destruction of my property. I did diligently pursue this matter, and did make formal presentment by the invoice of which was demanded from you in the First, Second and Third demands for payment to you, ranging from the dates of June 9, 2008; July 29, 2008 then September 29, 2008 in the amount of $4,205.00, which was fair, reasonable and just given the circumstances. You were warned, that if you did not pay by September 27, 2008, that you would accrue further civil, interest and penalty assessments in this matter. Whereas, because you have failed to reasonably address this matter, the new accounting is as follows, of which I have submitted a BILLING STATEMENT, which is included and attached to this document. COST AND ACCOUNTING # ITEM Each Cost Ea. Cost 1 _ SILVER CERTIFICATE 3 $ 10.00 $ 30.00 2 SILVER DOLLAR 2 $ 310.00 $ 620.00 3 GOLD PIECE 1 $1 ,109.00 $1 ,109.00 4 ! IDENTIFICATION 3 $ 300.00 $ 900.00 5 , WALLET 1 $ 25.00 $ 25.00 6 KEYS (2 Jaguar, 1 Fora, 1 House, 1 office. 1 Set $ 700.00 $ 700.00 Misc.) ------------- 7 BANK CARD 1 $ 200.00 $ 200.00 8 Sweat Tops 2 $ 50.00 $ 100.00 - ---- 9 Soccer Shirt 1 $ 100.00 $ 100.00 10 Sweat Pants 1 $ 30.00 $ 30.00 11 Sneakers 1 Pr. $ 140.00 $ 140.00 12 Glasses 1 Pr. $ 1.00 $ 1 .00 - — Unknown 13 Time, Pain, Inconvenience, $ 1 ,000.00 $ 11000.00 Suffering - - --- --- --- -- - - MEMORANDUM AT LAW: FINAL NOTICE AND DEMAND FOR PAYMENT 14 Sub-Total SUB- $ 4, 205.00 TOTAL E 15 PENALTY MULTIPLIER .5258 $ 2,210.99 - -- 16 CIVIL ASSESSMENT $300.00 1 $ 300.00 17 ACCOUNTING CHARGES $250.00 1 $ 250.00 18 INTEREST @ 1 .5% per month 1 .5% 8 Mo. $ 835.92 1 19 TOTAL CHARGES ( $ 7,801 .91 You were given NOTICE that I needed this accounting IMMEDIATELY brought due and paid as soon as possible, and you disregarded by notices. Further, I have demanded from you your lawful oath of office, and your public bonding of which you are required to have by operation of law, yet still, you have not submitted those to me. Without your lawful bona fides, regardless of your local practices, policies and/or procedures, you cannot obtain Tort Claims relief, nor do you obtain any immunity in this matter. Further, that as it is now October 9, 2008, that the net 30 time period you had originally agreed and stipulated to, has now come and gone, and you have not at any point of this matter, remitted nor answered my reasonable demands to resolve this matter in order to make full accounting of this matter, and to make full and complete restitution to me, in the amount so specified-, which you have failed to do. I am noticing you, that your silence is acquiescence to all terms and conditions presented herein, as this matter will only exponentially accrue further interests, penalties and civil assessments overtime. My hopes are that this will reasonably force you to make full accounting and payment in this matter, otherwise, the total charges shall only exponentially increase to your detriment. The idea that you think that you can destroy legal specie, gold and silver lawful money of the United States, plus my individual property is beyond me. It would be wise if you just paid and concluded this matter, otherwise you are opening yourself up to additional fees, and criminal penalties of the highest order. I cannot impress upon you enough, just to do what you have sworn you would do by your oath of office. You have no defenses in this matter. You were warned, that if you failed to pay, then, you were formally noticed and agreed that additional fees and penalties, incurring time penalties, late penalties, as well as interest fees, (accrued at the rate of .15% annually) would be added on to the total restitution amount of $4,205.00. Whereas, I have included a formal STATEMENT to you showing these costs increases, to which I am now demanding $7,801 .91 to fully pay this matter and bring it to a conclusion. It would be lawful and proper to IMMEDIATELY and timely address this matter and make prompt payment as soon as possible as you are in default. MEMORANDUM ATLAW:: FINAL NOTICE, AND DEMAND FOR PAYMENT For your convenience, I have enclosed a BILLING STATEMENT which is included with this memorandum of law. If you could, please respond to me within fifteen (15) days, in writing to the return mailing address noted above, send payment IMMEDIATELY in the amount of $7,801.91 and include a statement of accounting, as I am under exigent circumstances to get these items replaced. Thank you, DATED: September 9, 2008 SIAL: r R'Aerf Lil'idsay;'C h"eriey Jr. i III Propria Persona, SUI Juris C/O: 5:ti12 Pentz load Paradise, California 530-327-7151 Cc: File BCSD 4 ItiIE IORANDU I AT LAW: FINAL. NOTICE AND DEMAND FOR PAYMENT BUTTE COUNTY Robert ch',,y Jr. AppellaIt/Plaill tiff A�countNo.: RLCII-200SO 24MH V. CFR]IFICA'IT,OF SI:RVICF, ITRRY RFNIPI'ak AFFll)AVI'C C)F PROOF OF-SLRVI(T: � ResponricIt/I)CfCnddnLs j ACU' § 10 13 and $ 201501 1, the mulersigned hereby certify and declare that I am over the age of 18 years,and not a party to the �yithin entitled cause of action;and, Further, hereby deposes and says: that on the date signed below, 1 did serve UNDER AUDI 1ORKY OF Respondent the attached document named: ! ) \4Fh4ORANDUM A"t LAIV:FINAL No I ICY AND DIAIANI) FOR PAYMI'M' S The aforesaid domirwrlts were served in the following manner: ❑ l3v personal service. I did personally deliver the above-described documents at the address, or addresses captioned below: ❑ [Iv the U.S. Postal Service having knotialedge of the Iinited States Mail Post paid certified envelope,sealed by my hand at, PARADI'+-CALIFORNIA 95954 Certified NUmber ❑ By phone communication transmission [ QXb the materia[aforementioned on-line"as sent ah) total of transmitted pages to IM ( ) ❑ By sealed envelope,hand enclosed by me and mailed to: IU 1 H 1`011,UVVING PERSONS:' STEM? MtASEI.MAN BUTTF. COUNTY Sl[F.RIFF DAVID A. IIOUSI:R COUNTY OF BUTTF, PERRY RFNIhF At1DITOR-C'ONTROLLI:R RISK MANAGHMEN"I >3 COI IN"I Y ('I?N I I,R 25 ('UI INTY CENTER DR. 3-A C'oanty Center Dr. DRIVE Oroville, CA. 95965 Orovillc. CSA 95965 OROVILLE. CA. 95965-3387 530-538-7607 Phone: (530) 538-2030 530-538-7321 District Attorney County of STATL OF CALIFORNIA !Mile County Rcmrd of Butte Gov. Arnold Schwarzene�g-cr Supervisors Michael 1.. Ramsey Capitol Mall 25 County Center Drive 25 Ummly Center Drive Sacramento, CA. 95418 Oroyille, CA. 95965 Oroville,CA. 95965 District 1 MLI.CONKim District 2 .lane Dolan District 3 Maureen Dirk 5280 Lower Wyandotte Road 196 Memorial Way 196 \Icniorial Way Orovillc, CA. 95966 Chico. CA. 95926 Chico, CA. 95926 530-538-6834 5304910830 530-891-2800 District 4 Curt.losiassen District 5 Kim Yamaguchi P.O. [lox 385 747 Elliot Road Richvale, CA. 95974 Paradise, CA. 9;969 530S82-1447 15;0-872 6 30 3 - ! Further, I dedere under penalty of perjury knmving the lmvs thereot "Win the State of CalWnd that the foregoing is true u;cl u!re:t and that these rlocunWnts by the personall} as stated above an i/or mailed and scaled as stated above within the California Bcpublic. DATED: October 09, 2008 SI RVI'R: AT LAW PRESI?NTMI:NT Name: f Address: City, ST. zip i �l'indsor cost Cheney Telephone 1 CAT 5512 Pentz Paradise, California TeL 730-327-7181 Please judicially now and place on the record: C.C. § 23.32: "As a-ainst a principal, both principal and agent arc deemed to have notice of whatever either has notice of and ought. in good IS and the exercise of ordinary care and diligence to commtmicate to the other.'. 5 MEMORANDUM AT LAW: FINAL NO'HC'E AND DEMAND FOR PAYMEN"T Robert Lindsay; Cheney Jr. C/O: 5512 Pentz Road 530-327-7181 Paradise, California & 530-327-7181 Tel. 530-327-7181 RLC11047 hotmail com ST--BCSD-00CAL-0001-001 Butte County Risk Mgmt. October 9, 2008 STEVE MUSSELMAN Enter customer ID 3-A County Center Dr. Address 2 FIS!AL Nil'II ICE AND DE,NIAND FOR PAYMENT Oroville, CA. 95965 Phone: 530-538-2030 Date Type Invoice# Description Amount Payment Balance 3/12/2008 Service RLCII-2008-07-29-001 Deprivation of Property $4,205.00 $ 4,205.00 7/29/2008 1st Demanc RLCII-2008-07-29-001 FIRST DEMAND PAYMENT 9/9/2008 2nd DemanRLCII-2008-07-29-001 SECOND DEMAND PAYMENT 10/9/2008 3rd Dmand', RLCII-2008-07-29-001 THIRD DEMAND PAYMENT PENALTY MULTIPLIER .5258 2,210.99 ! 2,210.99 CIVIL ASSESSMENT 300.00 300.00 ACCOUNTING CHARGE 250.00 250.00 INTEREST 1.5 Percent Mo. 83592.00% 835.92 Total $ 7,801.91 REMITTANCE BUTTE COUNTY SHERIFF PERRY RENIFF BCSD-OOCAL-001-01 ST--BCSD-OOCAL-0001-001 October 9, 2008 $7,801.91