IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
AMENDED AFFIDAVIT OF MATERIAL FACTS
State of _________________ )
) ss.
County of _______________ )
Notice to Clerk of Court: Return a copy of this document showing it has been Time and date stamped, along with a filing number that it’s been recorded into the Court Records.
ATTENTION: Judge F. A. Gossett
UNITED STATES OF AMERICA, ex rel Accusing Party(s) Not Declared Bonding Company and Performance and/or Fidelity Bond #s have not been declared. (Plaintiff) vs. DAVID LEE KLEENSANG and BERNITA MARGARET KLEENSANG (Defendants/Affiants) Appearing in Proper Flesh and Blood capacity, having assistance of counsel of their choice, reserving the power to object to interference and to complain pursuant to 18 USC § 4, 3, & 1st Amendment Petition for Redress of Grievances. |
) ) ) ) ) ) ) ) ) ) ) ) |
Case No. 8:12CR 56 Affidavit of Material FactsPoints of Law 18 USC §§ 3, 4, 241, 242, 1001, 1621, & 1622
The United States Constitution (Supreme Law of the Land) Article IV § I, Amend.1, 4, 5, 6, 9, 10, & 14
42 USC § 1986
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Affidavit of Material Fact(s)
Affiants certify under our own commercial liability that the following is true, correct, materially complete, and not misleading to the best of our knowledge and belief.
For the Record:
Defendants, Affiants, David Lee Kleensang and/or Bernita Margaret Kleensang as Flesh and Blood Real man and woman in proper person for the 3rd time are notifying Judge F.A. Gossett and all other parties involved in this case, that we are not pro se litigants.
1) Since this is a Commercial action because the parties have a Commercial relationship, which consists of a flow of Money, Fines, Bails, Bonds, and Bondage. [Life, Liberty, Property (Time)]
2) Criminal Processes are Commercial Processes; therefore, always by Contract requiring full disclosure.
3) See attached: “Declaration of my Beliefs According to the Law and THE SEVEN POINT CONTENT OF A COMMERCIAL PROCESS OR INSTRUMENT.” (6th Amendment)
4) Affiants have the right to cross-examine our accuser on the witness stand. The accusing party must be flesh and blood, and capable of being questioned as a witness.
(Constitution Amendment 5 & 6)
5) This means that a Corporation such as the United States of America, cannot sue and/or bring a Criminal Complaint against any Flesh and Blood Real Person.
6) The United States of America, a legal fiction, cannot be party to this action; only human actors can play a part. (Constitution Article 1 Section 9; Article VI Section 1 clause 3)
7) Therefore, the Plaintiff has to have Flesh and Blood Real people who are willing to take Commercial Liability for their charges against the Defendants.
8) This means that some U. S. Prosecuting Attorney and/or other Flesh and Blood real person must be willing to Swear under Penalties of Perjury and bring a Criminal Complaint on behalf of the United States of America ex rel.
9) This case is a Criminal case, which is Commercial Law (Contract Law). This means that all transactions must be by Sworn Affidavits of Notices and Demands. (This action is regulated under and by the 6th Amendment.)
LIST OF DEFECTS
(A) On May 2, 2012, Judge F. A. Gossett issued a TRIAL ORDER, stating the Plaintiff is the UNITED STATES OF AMERICA.
(B) The United States of America cannot bring charges because it cannot be put on the witness stand.
(C) No Flesh and Blood people have appeared as ex rel on behalf of the Legal Fiction (Plaintiff).
(D) The parties are not all present, i.e., the Bonding Company; without them you, Judge F. A. Gossett, and/or any other Judge cannot make any Ruling and/or Order in this court against the Defendants that is binding in Commerce or Criminal Law.
(E) Plaintiff failed to enter the initial court process properly, thus committing Fraud, now involving the court and all co-conspirators in Fraud. (18 USC § 3)
(F) Affiants are a Marriage Trust of David Lee and Bernita Margaret Kleensang, which is being Violated by Plaintiff and all “co-conspirators.” (18 USC § 3)
(F) Affiants have not exhausted our Remedies in Commerce, because we do not know who our Flesh and Blood Accuser(s) are.
“Demand for Full Disclosure”
#1: We, David Lee Kleensang and Bernita Margaret Kleensang, Affiants, Demand the Identification of our Accusers. Only Flesh and Blood parties can accuse, 6th Amendment.
#2: Affiants demand the Grand Jury to produce the name of the Flesh and Blood Accuser(s) who has signed his/her name taking Full Commercial Liability for this Criminal Complaint against the Affiants in case # 8:12CR 56.
#3: Affiants Demand the name of the Bonding Company and Performance and/or Fidelity Bond (Commercial Malpractice Liability Insurance) numbers of Judge F. A. Gossett, Plaintiff, and all co-conspirators in this action against us, in case # 8:12CR 56.
#4: Affiants Demand the name of the Bonding Company and Bond number that has bonded this case # 8:12CR 56.
#5: I, David Lee Kleensang, and I, Bernita Margaret Kleensang, Affiants in the Flesh and Blood, each as a Real man or woman, do not consent to be an accessory party to Fraud (18 USC §§ 3 & 4) and/or be in violation of our certain un-a-lien-able Rights endowed by our Creator and secured by our Firm Obedience to the Constitution. Further more, we reserve all of our Rights using the UCC 1-308 (Performance or Acceptance under Reservation of Rights) in relationship to any past and/or future action concerning this case. Notice is hereby given.
#6: Affiants do not consent to this “Patent” Fraud and Concealment (Embezzlement) against our Property (Civil Rights of Due Process of Law & Personal Info) in which the Judge and all parties in this action against the Affiants are involved.
#7: Furthermore, Affiants have not and “Henceforth” do not consent to this “Patent” Fraud and Concealment (Embezzlement) against our Property (Civil Rights of Due Process of Law & Personal Info) in which the Judge and all co-conspirator parties in this action against the Affiants are involved.
#8: Plaintiff and co-conspirators (Judges, Attorneys, IRS agents, and any others) must immediately DISMISS this case with prejudice with Finality in order to stop committing Alienation of Consortium in the Nature of Mental Rape against Affiants.
#9: We, David Lee Kleensang and Bernita Margaret Kleensang, Affiants, Demand that this case be DISMISSED WITH PREJUDICE WITH FINALITY, predicated upon Fraud in and upon the Court.
#10: Any attempt to proceed shall be construed as Pre-meditated, Willful, Malicious, and Oppressive Violation of “Due Process of Law” against the Defendants (Affiants).
Affiants exercise the right to amend this and/or any other document if necessary, in order that the truth be more fully and certainly ascertained and justly determined.
I, David Lee Kleensang and I, Bernita Margaret Kleensang, (Affiants), are personally appearing before Notary, and giving written and spoken oaths affirming that this Affidavit is true, correct, materially complete, and not misleading to the best of our knowledge and belief under our own commercial liability.
Executed this _____ day of __________________, in the year of our Lord two thousand twelve.
__________________________________________
__________________________________________
(Signatures of Affiants)
Sworn to (or affirmed) and subscribed before me this __________day of __________________,
in the year of our Lord two thousand twelve by_______________________________________
and _____________________________________
(Print Affiants’ Names)
____ Personally Known
____ Produced Identification
Type and # of ID______________________
For the purpose of verification, I, the undersigned Notary Public, being commissioned in the County and State noted above, do certify that David Lee Kleensang and Bernita Margaret Kleensang appeared before me and presented the above document(s), which he/she swore to be true, correct, materially complete, and not misleading; I, the undersigned Notary, personally verified that the following document(s) were placed in an envelope and sealed by me. They were sent by United States Post Office Certified Mail.
Original Document sent to:
United States District Court, District of Nebraska Certified Mail #
Attention: Judge F. A. Gossett III
c/o Roman L. Hruska U. S. Courthouse
111 South 18th Plaza, Suite 2216
Omaha, Nebraska 68102-1322
NOTICE: All response correspondence must be sent to David Lee Kleensang and Bernita Margaret Kleensang.
c/o Notary Acceptor, c/o 8035 Black Hawk Road, Black Hawk, South Dakota 57718
_______________________________
(Signature of Notary)
(Seal) ________________________________
(Name of Notary Typed, Stamped, or Printed)
Notary Public, State of __________________
The Certifying Notary is an independent contractor and not a party to this claim. In fact the Certifying Notary is a Federal Witness Pursuant to TITLE 18, PART I, CHAPTER 73, SEC. 1512. Tampering with a witness, victim, or an informant. The Certifying Notary also performs the functions of a quasi-Postal Inspector under the Homeland Security Act by being compelled to report any violations of the U.S. Postal regulations as an Officer of the Executive Department. Intimidating a Notary Public under Color of Law is a violation of Title 18, U.S. Code, Section 242, titled “Deprivation of Rights Under Color of Law,” which primarily governs police misconduct investigations. This Statute makes it a crime for any person acting under the Color of Law to willfully deprive any individual residing in the United States and/or United States of America those rights protected by the Constitution and U.S. laws.
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