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AFFIDAVIT IN SUPPORT OF COMPLAINT
____________________
Steven Alan Magritz
C/o Kenneth A. Kraucunas, Notary Public
P.O. Box 342443
Milwaukee, Wisconsin 53234
district court of the United States District of Columbia
_____________________________________________________________________________
Steven Alan Magritz, Complainant
Against
Ozaukee County, a public corporation, a political subdivision of State of Wisconsin;
Ozaukee County Sheriff’s Department, a quasi-military Agency;
62.25 acres of land in the town of Fredonia, county of Ozaukee, Wisconsin;
And,
the following public officers in their individual capacities and in their official
capacities as officers or officials or employees or associates or agents of one of
the named respondents, and the spouses of each respondent, as well as the
communal property of each respondent:
Thomas E. Winker, Robert A. Brooks, William S. Niehaus, Lee Schlenvogt, Daniel P. Becker, Joseph A. Dean, Raymond G. Meyer II, Timothy F. Kaul,
Jacob Curtis, Daniel R. Buntrock, Kathlyn T. Geracie, Andrew A. Petzold, Patrick Marchese, Karl V. Hertz, Cynthia G. Bock, Robert T. Walerstein,
Nancy Sharp Szatkowski, John J. Slater, Jennifer K. Rothstein, Rose Hass Leider, Donald G. Dohrwardt, Richard C. Nelson, Alan P. Kletti, Thomas H. Richart,
John C. Grosklaus, Glenn F. Stumpf, Gerald E. Walker, Gustav W. Wirth, Jr., James H. Uselding, Kathlyn M. Callen, Mark A. Cronce, Maurice A. Straub,
Karen L. Makoutz, Ronald A. Voigt, Dennis E. Kenealy, Thomas W. Meaux, Andrew T. Struck, Sandy A. Williams, Andrew T. Gonring, Rhonda K. Gorden,
Adam Y. Gerol, and Doe # 1 through Doe # 30, -- (Names and addresses of all known Respondents are set forth in Exhibit C, incorporated herein by reference),
Respondents.
___________________________________________________________________________________________________________
AFFIDAVIT IN SUPPORT OF:
VERIFIED COMPLAINT FOR: DECLARATORY JUDGMENT;
IMPOSITION OF A CONSTRUCTIVE TRUST; AN ACCOUNTING;
BREACH OF FIDUCIARY DUTY BY PUBLIC OFFICERS /
BREACH OF THE PUBLIC TRUST; QUO WARRANTO; AND,
REVOCATION OF CORPORATE CHARTER
___________________________________________________________________________________________________________
I, Steven Alan Magritz, Affiant, state that I am over the age of twenty-one years; the facts set forth herein are based upon first-hand personal knowledge and I am a competent witness to testify to same; the facts contained herein are true, correct, complete, certain, not misleading; this statement is made under penalty of perjury under the laws of the United States of America. Any statements made upon information, reason, or belief, Affiant believes them to be true and correct.
1. Background Summary
a) In the year 2001, Public Officers, acting in breach of fiduciary duty, dishonestly and unlawfully imposed public laws on Affiant’s private land. The corporation counsel of respondent public corporation named Ozaukee County incorrectly advised a standing committee of respondent corporation that said committee had authority to bring an in rem foreclosure action against Affiant’s private land, when in fact said committee had no such lawful statutory authority as said authority was exercisable only by the full board of supervisors, and, only against property hypothecated to the public.
b) Affiant, under threat of the in rem lawsuit, tendered payment in full, as extortion, to the public corporation. The corporation counsel, acting in concert with the corporation’s treasurer, thereafter unlawfully took Affiant’s tendered payment from the office of the treasurer and concealed said payment resulting in no record entered on the corporate books that Affiant had tendered payment.
c) Affiant then prepared and filed with the clerk of court an Answer and Counterclaim to the in rem foreclosure lawsuit filed by the corporation counsel. The Answer and Counterclaim included numerous evidentiary documents certified out of the public record of which the court was instructed to take mandatory judicial notice pursuant to the rules of evidence. The Answer, Counterclaim, and certified exhibits in support were properly time and date stamped but their receipt was not entered upon the court records, or “docket sheet.” The corporation counsel, acting in concert with the corporation’s clerk of court, unlawfully removed Affiant’s Answer and Counterclaim from the office of the clerk of court and concealed said documents for over six months, until Affiant began an investigation of how a default judgment was obtained against Affiant and Affiant’s private land.
d) Corporation counsel falsely represented to the presiding officer (judge) that Affiant had not tendered payment and had not answered the summons and complaint, thereby obtaining a default judgment.
e) Affiant filed a Claim against the public corporation and had said claim served on the corporation’s county clerk by a sheriff’s deputy. Said Claim exposed the criminal acts of the corporation counsel. The corporation counsel, acting in concert with the county clerk, unlawfully removed Affiant’s claim from the office of the county clerk and thereafter unlawfully concealed said claim from the board of supervisors. The county clerk never presented Affiant’s Claim to the board of supervisors.
f) Thereafter the sheriff of the public corporation, aided by two dozen heavily armed men, unlawfully and violently broke in to Affiant’s private home, handcuffed and forcibly removed Affiant and Affiant’s wife, carried them away and unlawfully locked them in the county jail, all without a warrant and without a breach of the peace by Affiant or his wife. Said sheriff, on behalf of the public corporation, unlawfully seized Affiant’s private property (land and chattels valued in excess of $700,000) for public use without any compensation whatsoever to Affiant. Individual Respondents and the public corporation refuse to return Affiant’s private property or to compensate Affiant for said private property.
g) Affiant thereafter commenced a letter writing campaign to the public officers of the public corporation exposing the criminal acts fomented and perpetrated by the corporation counsel in concert with other public officers. The public officers alleged that Affiant violated some corporation statute applicable only to public officers and agents, whereas Affiant may have made a mistake but committed no crime; nevertheless Affiant was imprisoned for five years after having been victimized by the public officers.
h) The public corporation has used Affiant’s private land for public purposes ever since Affiant’s private property was seized. The sheriff and his men used Affiant’s private home for tactical training resulting in such extensive damage that the sheriff was ousted from possession. Thereafter Affiant’s private home has been rented, presently to a public officer.
2. The acts complained of in the Complaint to which this Affidavit is made in support had their inception on or about January 1, 1997.
3. The acts complained of herein constituting breach of fiduciary duty by public officers came to a head on or about February 7, 2001, and were knowingly and intentionally initiated by Dennis E. Kenealy, corporation counsel of the corporation named Ozaukee County, a corporate political subdivision of the corporation named State of Wisconsin.
4. The acts complained of herein constituting breach of fiduciary duty by public officers were thereafter perpetrated, consented to, or assented to, by more than thirty-six (36) other public officers, all or almost all of whom were public officers of Ozaukee County.
5. The acts or omissions complained of herein constituting breach of fiduciary duty by public officers occurred in the county of Ozaukee, Wisconsin.
6. After a long train of acts complained of herein constituting breach of fiduciary duty by public officers of Ozaukee County, Affiant’s private property, valued in excess of $700,000, was taken for public use without any compensation, let alone just compensation.
7. Affiant’s private property was taken by force of arms on or about October 24, 2001 by Maurice A. Straub and two-dozen heavily armed and masked men.
8. Affiant’s private property taken was/is 62.25 acres of land plus various chattels located on the land of Wisconsin, county of Ozaukee.
9. Affiant’s claim to ownership of the 62.25 acres of private land is founded on Land Patents issued by the United States of America to lands located in the Territory of Wisconsin, said patents having been issued years prior to the admission of Wisconsin to the Union in 1848.
10. Affiant is heir or assignee of William Jones who purchased 611.72 acres of land from the United States of America in the Territory of Wisconsin in 1836, as evidenced by Land Patent dated August 10, 1837.
11. On October 20, 1994, Affiant recorded in the office of the Register of Deeds, Ozaukee County, Wisconsin, document number 528822, a “Declaration Of, And Claim of Rights In And To Land Patents”, with certified copies of the referenced patents of which Affiant’s private land is a subset, a copy of which is marked “Exhibit J” and incorporated herein by reference. No person ever challenged Affiant’s Claim of Rights in and to said Land Patents.
12. On April 29, 1997, Affiant recorded in the office of the Register of Deeds, Ozaukee County, Wisconsin, document number 576044, an Affidavit of Notice of Claim and a Claim To Private Land Rights with certified copies of the referenced patents of which Affiant’s private land is a subset, a copy of which is marked “Exhibit K” and incorporated herein by reference. No person ever challenged Affiant’s Claim of Rights in and to said Land Patents.
13. On July 3, 10, 17, 1997, Affiant had published in the Ozaukee Press, the official newspaper for public notices in Ozaukee County, Wisconsin, a Notice of Affiant’s Claim to Private Land Rights previously recorded in Deeds on April 29, 1997, and Noticed the world that any challenge to Affiant’s Claim must be made within 90 days. No person ever challenged Affiant’s Claim. The affidavit of publication by the Publisher is marked “Exhibit L” and incorporated herein by reference. No person ever challenged Affiant’s Claim of Rights in and to said Land Patents.
14. As evidenced by an Abstract of Title, by and through the Land Patent bearing Certificate No. 1435 dated August 10, 1837 issued to William Jones by the United States of America, Complainant is heir and assignee as follows:
The United States of America to William Jones; William Jones and Anna, his wife, to Joseph. H. Dwight; Joseph H. Dwight to John P. Huntington; William H. Huntington as Administrator of the estate of John P. Huntington to Charles Walker; Charles Walker and Nancy B., his wife to Rufus Washburn; Rufus Washburn to William B. Walker; William B. Walker to John Jacob Graf and Margaretta Graf, his wife; John Jacob Graf et al. heirs of Margaretta Graf, deceased to Chas. G. Meyer, administrator of said Estate; Chas. G. Meyer Administrator of the estate of Margaretta Graf, deceased, to Philipp Greeneisen; Philipp Greeneisen to Michael E. Harrington and Helen I. M. Harrington, his wife; Michael E. Harrington and Helen I. M. Harrington, his wife to Harry W. Bolens; Harry W. Bolens to Ella Hill Bolens; Ella Hill Bolens to Gilbert M. Schucht and Virginia Schucht, his wife; Gilbert M. Schucht and Virginia Schucht, his wife, to Dolores Fischer; Dolores Fischer to Virginia Schucht; Gilbert M. Schucht and Virginia Schucht, his wife, to Chester W. Browne and Edith A. Brown, his wife; Virginia Schucht to Chester W. Browne and Edith A. Brown, his wife; Chester W. Browne and Edith A. Brown, his wife to Alfred S. Magritz and Betty Jane Magritz, his wife; Betty Jane Magritz to Steven Alan Magritz. “Exhibit M”, relevant six (6) pages of Abstract of Title, incorporated herein by reference. Affiant has personal possession of the complete, original Abstracts.
15. The relevant and operative provisions of the Land Patent dated August 10, 1837 bearing Certificate No. 1435 issued to William Jones of which Affiant is heir or assignee are as follows:
“NOW KNOW YE. That the United States of America, in consideration of the Premises, and in conformity with the several acts of Congress, in such case made and provided, HAVE GIVEN AND GRANTED, and by these presents DO GIVE AND GRANT, unto the said William Jones and to his heirs, the said tract above described: TO HAVE AND TO HOLD the same, together with all the rights, privileges, immunities, and appurtenances of whatsoever nature, thereunto belonging, unto the said William Jones and to his heirs and assigns forever.”
16. Affiant has never waived any of the rights, privileges, immunities, and appurtenances of whatsoever nature of the United States of America that were granted in the aforesaid Land Patent to William Jones and his heirs and assigns forever.
17. The Supreme Court of the United States says that a Land Patent issued by the United States of America is a contract executed.
18. Affiant claims the taking of Affiant’s private property is a breach of fiduciary duty by public officers in violation of Article 1 Section 10 Clause 1 of the Constitution of the United States of America, which states in pertinent part, “No State shall … pass any … Law impairing the Obligation of Contracts.”
19. Affiant claims the taking of Affiant’s private property is a breach of fiduciary duty by public officers in violation of Article I Section 12 of the Constitution of The State of Wisconsin, which states in pertinent part, “No bill of attainder, ex post facto law, nor any law impairing the obligation of contracts, shall ever be passed”.
20. Affiant claims the taking of Affiant’s private property for public use without just compensation is a breach of fiduciary duty by public officers, in violation of the Fifth Article in Amendment to the Constitution of the United States of America.
21. Affiant claims the taking of Affiant’s private property for public use without just compensation is a breach of fiduciary duty by public officers, in violation of Article I Section 13 of the Constitution of The State of Wisconsin.
22. The most egregious acts constituting breach of fiduciary duty by public officers and causing Affiant injury have been ongoing since February 7, 2001, the last known acts being perpetrated December 1, 2011, December 14, 2011, December 15, 2011, and January 27, 2012.
23. On or about February 7, 2001, Dennis E. Kenealy, (hereinafter “Kenealy”), an attorney trained in the law who knew or should have known that Affiant’s private land was not property of the corporation named State of Wisconsin or any of the political corporation subunits of said State, nor was Affiant’s private property hypothecated to the corporation named State of Wisconsin or any of the political corporation subunits of said State, and further, that Affiant’s private land was protected by Land Patents issued by The United States of America, and further, that Affiant had a first priority secured interest in said private land as evidenced by
documents filed in the office of the Wisconsin Department of Financial Institutions, falsely represented to the (then existing) Taxation and General Claims Committee of Ozaukee County (TGCC) that said Committee had the authority to “foreclose” on Affiant’s private land.
24. On or about February 7, 2001, Kenealy, who knew or should have known that the (then existing) TGCC had no statutory authority (Wis. stats. §§ 59.02(1) and 59.52(12)) to authorize foreclosure on any alleged “tax certificate” in excess of $10,000, intentionally, purposely, falsely represented to said Committee that said Committee had the statutory authority to authorize Kenealy to file a foreclosure suit against Affiant’s private property.
25. On or about February 7, 2001, the members of the TGCC unlawfully “authorized” Kenealy to file a “foreclosure” action against Affiant’s private property, which Kenealy did file.
26. On or about April 23, 2001, Affiant tendered twenty-two thousand, six hundred and thirty-four and ninety-seven/one-hundredths dollars ($22,634.97) payment in full, as extortion, for the alleged tax to Ozaukee County Treasurer Karen L. Makoutz, which was accepted by Makoutz.
27. On or about April 23, 2001, Kenealy unlawfully removed Affiant’s extorted payment from the Ozaukee County Treasurer’s office and thereafter concealed said extorted payment in furtherance of Kenealy’s scheme to steal Affiant’s private property.
28. On May 30, 2001, Affiant timely filed a Verified Answer and Counterclaim with the Ozaukee County Circuit Court by way of Registered United States mail RR 101 861 035 US, and, served the Answer and Counterclaim on Treasurer Karen L. Makoutz by way of Certified United States mail 7000 0520 0015 4077 0321, as evidenced by the mailing receipts and the signed “green cards”.
29. On or about May 31, 2001, Kenealy intentionally, purposely, in furtherance of his scheme to injure Affiant and steal Affiant’s private property, unlawfully removed, and thereafter concealed, Affiant’s Answer and Counterclaim, which included numerous certified, self-authenticating evidentiary documents from the public record in support of the Answer and Counterclaim of which the Court was instructed to take mandatory judicial notice, from the files of the Ozaukee County Circuit Court.
30. Kenealy enlisted Ozaukee County Clerk of Court Jeffrey S. Schmidt as a party to the conspiracy, whereby Schmidt did not enter the receipt of Affiant’s Answer and Counterclaim on the court record sheet or docket sheet as required by law, as evidenced by a certified copy of the court record.
31. On or about August 8, 2001, in a hearing before judge Joseph D. McCormack, Kenealy, in furtherance of his scheme to injure or defraud Affiant and steal Affiant’s private property, and while in possession of Affiant’s extorted payment as well as Affiant’s Answer that Kenealy had stolen from the court files, intentionally, purposely, knowingly, falsely represented to the judge that Affiant had not paid the tax and falsely represented to the judge that Affiant had not filed an Answer to the Complaint, and, submitted to the judge for signing an Order and Judgment with those false representations.
32. On or about August 10, 2001, Kenealy, in furtherance if his scheme to wrongfully deprive Affiant of his property, recorded with the Register of Deeds two documents (no. 684564 and no. 684565) relating to a security interest in or title to Affiant’s private property, knowing that the contents or any part of the contents were false, a sham, or frivolous.
33. On or about September 24, 2001, Kenealy, in furtherance of a scheme to injure or defraud or wrongfully deprive Affiant of his private property, unlawfully removed and thereafter concealed, Affiant’s Claim against Ozaukee County (and report of criminal activity of Kenealy) that had been served upon Ozaukee County Clerk Dobberpuhl by Sheriff’s Deputy G. L. Speth.
34. On or about October 24, 2001, Maurice A. Straub, d/b/a sheriff of Ozaukee County, with 2 dozen armed men, nine of whom wore full military camouflage and concealed their identity with black faces masks, violently broke through a locked door and into Affiant’s private home, threatened Affiant with death by pointing machine guns at Affiant’s head at point blank range while pointing a handgun at the head of Affiant’s wife, physically seized Affiant, physically removed Affiant from Affiant’s private land, and unlawfully locked Affiant in the Ozaukee County jail, all acts perpetrated without a warrant and without a legal or lawful order from a court and without any breach of the peace by Affiant.
35. On or about October 24, 2001, Maurice A. Straub, by force of arms, seized Affiant’s private land and threatened Affiant if Affiant would attempt to return to Affiant’s land, and, unlawfully seized Affiant’s private personal property (an act of armed robbery), including but not limited to a great quantity of various kinds of building construction materials and dozens of cars and trucks, many of which had valuable big-block engines, all of which private property was valued at over $700,000.00 and taken for public use without any compensation whatsoever paid to Affiant.
36. On or about December 12, 2001, three others and Affiant visited the office of the clerk of court to inspect the case file to determine how judge Joseph D. McCormack could have legally and lawfully granted a default judgment against Affiant and Affiant’s private property when Affiant had not only filed a Verified Answer and Counterclaim, but Affiant also had paid in full (as extortion) the alleged taxes.
37. Affiant confronted clerk Schmidt with the Postal Service “green card” evidencing receipt by the clerk of the Answer and Counterclaim, and demanded to know why the Answer was not in the file and why the court record sheet did not reflect the receiving of the Answer by the court.
38. Schmidt immediately reached down, grabbed a phone, called Kenealy, and stated, “Dennis, Steve Magritz is here looking for the Answer to the Summons and Complaint on the foreclosure. Would you look for it in your office?”
39. After Affiant’s December 11, 2001 confrontation with clerk Schmidt, Affiant’s Verified Answer and Counterclaim, which had been “missing” from the office of the clerk of court and from the court file for over six (6) months, and which Kenealy had concealed from judge McCormack, and by which concealment Kenealy had fraudulently obtained a default judgment, mysteriously “reappeared” in the court file without any explanation whatsoever, as evidenced by court certified copies of the time and date stamped envelope as well as the time and date stamped Answer and Counterclaim.
40. After the taking of Affiant’s private property by respondents, on a specific date unknown to Affiant, and while under the “control” or “possession” of Maurice A. Straub, unknown named public officers demolished Affiant’s private dwelling house used as a guest house, which act is defined by the United States as an act of terrorism.
41. On or about October 20, 2003, Affiant filed Affiant’s first affidavit of criminal report titled Affidavit of Criminal Report and Probable Cause By Witness and Victim of Criminal Activity with the Ozaukee County district attorney named Sandy A. Williams. Williams wrote Affiant stating that she was not going to prosecute Kenealy for Kenealy’s criminal acts.
42. On or about November 5, 2007, Affiant testified under penalty of perjury before judge Andrew T. Gonring during a hearing to vacate the void judgment issued pursuant to the August 8, 2001 hearing and judgment of Joseph D. McCormack.
43. At the November 5th hearing, Affiant testified as to the aforesaid criminal acts of Kenealy who, while present at the hearing, remained silent and did not rebut Affiant’s testimony.
44. During the course of the November 5th hearing Gonring, on the record, denied Affiant’s motion that Gonring abide by his oath of office and act in accordance with the federal and state Constitutions. Gonring stated, “I don’t know what that says other than I’m supposed to do my job and to the extent that that’s all that motion says, that motion is denied.”
45. Affiant claims Gonring perjured his oath of office by denying the motion to abide by his oath of office and act in accordance with the federal and state Constitutions.
46. Gonring did not take any action against Kenealy, or report Kenealy’s acts to proper authorities.
47. On or about July 13, 2011, Affiant filed a Report of Criminal Activity By Victim/Witness with Maurice A. Straub, d/b/a Ozaukee County sheriff, and Adam Y. Gerol, d/b/a district attorney. Straub refused to investigate Kenealy’s acts and Gerol refused to prosecute Kenealy.
48. On or about August 1, 2011, following the refusals of Straub and Gerol to investigate or prosecute Kenealy, Affiant filed with the Ozaukee County Circuit Court a Verified Motion For A Determination Of Probable Cause for a determination if probable cause exists to arrest Kenealy for criminal acts (case no. 2011JD0001).
49. Affiant’s Motion was assigned to Sandy A. Williams, an Ozaukee County Circuit Court judge and the former district attorney who had refused to prosecute Kenealy in 2003.
50. Sandy A. Williams failed or refused to recuse herself based on personal interest and bias and prejudice, obvious since Williams had refused to prosecute Kenealy in 2003 when she was district attorney.
51. Williams issued a “Decision and Order” stating: “the court has determined that it is not necessary to convene a hearing to determine whether a crime has been committed.”
52. On or about August 16, 2011, Affiant began a process to give the public officers of Ozaukee County (fiduciaries of the Public Trust) the opportunity to correct the past unlawful acts and breaches of fiduciary duty perpetrated by themselves and other public officers of Ozaukee County against Affiant, a beneficiary of the Public Trust.
53. On or about August 16, 2011 Affiant caused to be mailed to thirty-seven public officers of Ozaukee County a Notice: To Exhaust Administrative Remedies and for Other Purposes.
54. All thirty-seven of the public officers are fiduciaries of the Public Trust who owe a fiduciary duty of full disclosure, honesty, integrity, and good faith to Affiant, a beneficiary of the Public Trust.
55. All thirty-seven public officers were mailed by way of a notary public Affiant’s first Notice, then Affiant’s Notice of Fault, and then Affiant’s Affidavit of Default.
56. The notary public, Kenneth A. Kraucunas, thereafter requested a response from the public officers, and then issued a Notice of Fault by notary public, followed by an Affidavit of Default by the notary public.
57. The Affidavit by State of Wisconsin Notary Public Kenneth A. Kraucunas evidences that all thirty-seven public officers have agreed, nihil dicit, their perpetration of, consent to, or assent to, the unlawful acts set forth in Affiant’s Affidavit of Default, which are acts in violation of both the laws and the Constitution of the United States and in violation of both the laws and Constitution of Wisconsin. See “Exhibit F”, certified out of the United States District Court, Eastern District of Wisconsin, and incorporated herein by reference.
58. On or about September 1, 2011, Kenealy’s assistant, Rhonda K. Gorden, filed for and on September 14, 2011 was granted in Ozaukee County Circuit Court an injunction against STEVEN A. MAGRITZ and against the aforesaid notary public prohibiting them from further contact with the aforesaid public officers.
59. Affiant claims the aforesaid public officers had a fiduciary duty of disclosure to respond to Affiant, a beneficiary of the Public Trust.
60. Affiant claims the aforesaid public officers agreed to have acted in breach of their fiduciary duties, as evidenced by the affidavit of notary public Kenneth A. Kraucunas. See aforesaid “Exhibit F”, incorporated herein by reference.
61. Affiant is not an officer of, or an agent of, or an employee of, or a member of, or acting on behalf of the corporation named State of Wisconsin or any of said State’s political subunits.
62. Affiant claims Rhonda K. Gorden and Kenealy know, should know, or have reason to know that Affiant is not an officer of, or an agent of, or an employee of, or a member of, or acting on behalf of the corporation named State of Wisconsin or any of said State’s political subunits, and therefore they are knowingly misapplying corporation statutes against Affiant.
63. On or about September 1, 2011, Adam Y. Gerol, acting in concert with Kenealy, filed a Summons and a Criminal Complaint in Ozaukee County Circuit Court against STEVEN A. MAGRITZ after Affiant filed a confirmation or correction deed correcting mistakes in Affiant’s original Deeds in 1990 for the purchase of Affiant’s unlawfully seized land.
64. Affiant charges Gerol with retaliation against a victim and witness of crime for Affiant exposing Gerol’s dereliction of duty and exposing the criminal acts and breach of fiduciary duty by public officers of Ozaukee County.
65. Affiant claims that Gerol knows, should know, or has reason to know that Affiant has the inherent right to correct mistakes in Affiant’s original purchase Deed, and that Gerol has no authority to convert Affiant’s right into a crime.
66. Affiant claims that Gerol knows, should know, or has reason to know that Affiant is not an officer of, or an agent of, or an employee of, or a member of, or acting on behalf of the corporation named State of Wisconsin or any of said State’s political subunits, and therefore Gerol is misapplying corporation statutes against Affiant.
67. Affiant claims Gerol’s action against Affiant constitute malicious prosecution and retaliation against a victim and witness of crime.
68. On or about December 15, 2011, Sandy A. Williams, the very same Sandy A. Williams with an unresolved charge of misprision of felony against her by Affiant, granted Gerol an arrest warrant for STEVEN A. MAGRITZ.
69. Affiant claims Williams’ action against Affiant is retaliation against a victim and witness of crime.
70. Affiant claims Williams’ action against Affiant is retaliation against Affiant, a victim and witness of crime who filed a criminal report against Williams.
71. Affiant incorporates herein by reference “Exhibit N”, Affiant’s 12/09/2011 Report of Criminal Activity by Victim/Witness, which is certified out of office of the Clerk of Court, Ozaukee County, Wisconsin.
72. Affiant claims all of the aforesaid acts by public officers are acts of dishonesty and constitute breach of fiduciary duty by public officers resulting in injury to Affiant and Affiant’s rights in and to private property.
73. Affiant claims all of the aforesaid acts by public officers were acts in furtherance of involuntarily subjecting Affiant, a private American with inherent rights in inherent jurisdiction, to corporation statutes, rules, or regulations when Affiant is not an officer of, or an agent of, or an employee of, or a member of, or acting on behalf of the corporation named State of Wisconsin or any of said State’s political subunits, in violation of the Thirteenth Amendment to the Constitution of the United States of America, and in violation of Article I Section 2 of the Constitution of Wisconsin, both of which prohibit slavery or involuntary servitude.
74. Affiant claims all of the aforesaid acts by public officers were acts in furtherance of extracting revenue (a “taking” resulting in unjust enrichment) and taking Affiant’s private property without just compensation in violation of both the self-executing provisions of the Fifth Article in Amendment to the Constitution of the United States of America, and Article I Section 13 of the Constitution of The State of Wisconsin, both of which prohibit the taking of private property for public use without just compensation.
75. Affiant claims all of the aforesaid acts by public officers were in violation of Article 1 Section 10 Clause 1 of the Constitution of the United States of America, which states in pertinent part, “No State shall … pass any … Law impairing the Obligation of Contracts”, and in violation of Article I Section 12 of the Constitution of The State of Wisconsin, which states in pertinent part, “No bill of attainder, ex post facto law, nor any law impairing the obligation of contracts, shall ever be passed”.
Executed on this April ____, 2012.
BY: _______________________________________
Steven Alan Magritz
C/o Notary
P.O. Box 342443
Milwaukee, Wis. 53234
Use of a notary public is explicitly not for the purpose of entrance into any foreign or corporate jurisdiction.
State of Wisconsin )
) ss
Milwaukee County )
I, the undersigned Notary Public in and for the State of Wisconsin, certify that Steven Alan Magritz, being duly sworn upon oath, did appear before me and in my presence did affix his seal to this Affidavit at Milwaukee, Wisconsin on this the ____ day of April 2012.
________________________________________
Kenneth A. Kraucunas - Notary Public
My Commission Expires:_________________
C/o Kenneth A. Kraucunas, Notary Public
P.O. Box 342443
Milwaukee, Wisconsin 53234
district court of the United States District of Columbia
_____________________________________________________________________________
Steven Alan Magritz, Complainant
Against
Ozaukee County, a public corporation, a political subdivision of State of Wisconsin;
Ozaukee County Sheriff’s Department, a quasi-military Agency;
62.25 acres of land in the town of Fredonia, county of Ozaukee, Wisconsin;
And,
the following public officers in their individual capacities and in their official
capacities as officers or officials or employees or associates or agents of one of
the named respondents, and the spouses of each respondent, as well as the
communal property of each respondent:
Thomas E. Winker, Robert A. Brooks, William S. Niehaus, Lee Schlenvogt, Daniel P. Becker, Joseph A. Dean, Raymond G. Meyer II, Timothy F. Kaul,
Jacob Curtis, Daniel R. Buntrock, Kathlyn T. Geracie, Andrew A. Petzold, Patrick Marchese, Karl V. Hertz, Cynthia G. Bock, Robert T. Walerstein,
Nancy Sharp Szatkowski, John J. Slater, Jennifer K. Rothstein, Rose Hass Leider, Donald G. Dohrwardt, Richard C. Nelson, Alan P. Kletti, Thomas H. Richart,
John C. Grosklaus, Glenn F. Stumpf, Gerald E. Walker, Gustav W. Wirth, Jr., James H. Uselding, Kathlyn M. Callen, Mark A. Cronce, Maurice A. Straub,
Karen L. Makoutz, Ronald A. Voigt, Dennis E. Kenealy, Thomas W. Meaux, Andrew T. Struck, Sandy A. Williams, Andrew T. Gonring, Rhonda K. Gorden,
Adam Y. Gerol, and Doe # 1 through Doe # 30, -- (Names and addresses of all known Respondents are set forth in Exhibit C, incorporated herein by reference),
Respondents.
___________________________________________________________________________________________________________
AFFIDAVIT IN SUPPORT OF:
VERIFIED COMPLAINT FOR: DECLARATORY JUDGMENT;
IMPOSITION OF A CONSTRUCTIVE TRUST; AN ACCOUNTING;
BREACH OF FIDUCIARY DUTY BY PUBLIC OFFICERS /
BREACH OF THE PUBLIC TRUST; QUO WARRANTO; AND,
REVOCATION OF CORPORATE CHARTER
___________________________________________________________________________________________________________
I, Steven Alan Magritz, Affiant, state that I am over the age of twenty-one years; the facts set forth herein are based upon first-hand personal knowledge and I am a competent witness to testify to same; the facts contained herein are true, correct, complete, certain, not misleading; this statement is made under penalty of perjury under the laws of the United States of America. Any statements made upon information, reason, or belief, Affiant believes them to be true and correct.
1. Background Summary
a) In the year 2001, Public Officers, acting in breach of fiduciary duty, dishonestly and unlawfully imposed public laws on Affiant’s private land. The corporation counsel of respondent public corporation named Ozaukee County incorrectly advised a standing committee of respondent corporation that said committee had authority to bring an in rem foreclosure action against Affiant’s private land, when in fact said committee had no such lawful statutory authority as said authority was exercisable only by the full board of supervisors, and, only against property hypothecated to the public.
b) Affiant, under threat of the in rem lawsuit, tendered payment in full, as extortion, to the public corporation. The corporation counsel, acting in concert with the corporation’s treasurer, thereafter unlawfully took Affiant’s tendered payment from the office of the treasurer and concealed said payment resulting in no record entered on the corporate books that Affiant had tendered payment.
c) Affiant then prepared and filed with the clerk of court an Answer and Counterclaim to the in rem foreclosure lawsuit filed by the corporation counsel. The Answer and Counterclaim included numerous evidentiary documents certified out of the public record of which the court was instructed to take mandatory judicial notice pursuant to the rules of evidence. The Answer, Counterclaim, and certified exhibits in support were properly time and date stamped but their receipt was not entered upon the court records, or “docket sheet.” The corporation counsel, acting in concert with the corporation’s clerk of court, unlawfully removed Affiant’s Answer and Counterclaim from the office of the clerk of court and concealed said documents for over six months, until Affiant began an investigation of how a default judgment was obtained against Affiant and Affiant’s private land.
d) Corporation counsel falsely represented to the presiding officer (judge) that Affiant had not tendered payment and had not answered the summons and complaint, thereby obtaining a default judgment.
e) Affiant filed a Claim against the public corporation and had said claim served on the corporation’s county clerk by a sheriff’s deputy. Said Claim exposed the criminal acts of the corporation counsel. The corporation counsel, acting in concert with the county clerk, unlawfully removed Affiant’s claim from the office of the county clerk and thereafter unlawfully concealed said claim from the board of supervisors. The county clerk never presented Affiant’s Claim to the board of supervisors.
f) Thereafter the sheriff of the public corporation, aided by two dozen heavily armed men, unlawfully and violently broke in to Affiant’s private home, handcuffed and forcibly removed Affiant and Affiant’s wife, carried them away and unlawfully locked them in the county jail, all without a warrant and without a breach of the peace by Affiant or his wife. Said sheriff, on behalf of the public corporation, unlawfully seized Affiant’s private property (land and chattels valued in excess of $700,000) for public use without any compensation whatsoever to Affiant. Individual Respondents and the public corporation refuse to return Affiant’s private property or to compensate Affiant for said private property.
g) Affiant thereafter commenced a letter writing campaign to the public officers of the public corporation exposing the criminal acts fomented and perpetrated by the corporation counsel in concert with other public officers. The public officers alleged that Affiant violated some corporation statute applicable only to public officers and agents, whereas Affiant may have made a mistake but committed no crime; nevertheless Affiant was imprisoned for five years after having been victimized by the public officers.
h) The public corporation has used Affiant’s private land for public purposes ever since Affiant’s private property was seized. The sheriff and his men used Affiant’s private home for tactical training resulting in such extensive damage that the sheriff was ousted from possession. Thereafter Affiant’s private home has been rented, presently to a public officer.
2. The acts complained of in the Complaint to which this Affidavit is made in support had their inception on or about January 1, 1997.
3. The acts complained of herein constituting breach of fiduciary duty by public officers came to a head on or about February 7, 2001, and were knowingly and intentionally initiated by Dennis E. Kenealy, corporation counsel of the corporation named Ozaukee County, a corporate political subdivision of the corporation named State of Wisconsin.
4. The acts complained of herein constituting breach of fiduciary duty by public officers were thereafter perpetrated, consented to, or assented to, by more than thirty-six (36) other public officers, all or almost all of whom were public officers of Ozaukee County.
5. The acts or omissions complained of herein constituting breach of fiduciary duty by public officers occurred in the county of Ozaukee, Wisconsin.
6. After a long train of acts complained of herein constituting breach of fiduciary duty by public officers of Ozaukee County, Affiant’s private property, valued in excess of $700,000, was taken for public use without any compensation, let alone just compensation.
7. Affiant’s private property was taken by force of arms on or about October 24, 2001 by Maurice A. Straub and two-dozen heavily armed and masked men.
8. Affiant’s private property taken was/is 62.25 acres of land plus various chattels located on the land of Wisconsin, county of Ozaukee.
9. Affiant’s claim to ownership of the 62.25 acres of private land is founded on Land Patents issued by the United States of America to lands located in the Territory of Wisconsin, said patents having been issued years prior to the admission of Wisconsin to the Union in 1848.
10. Affiant is heir or assignee of William Jones who purchased 611.72 acres of land from the United States of America in the Territory of Wisconsin in 1836, as evidenced by Land Patent dated August 10, 1837.
11. On October 20, 1994, Affiant recorded in the office of the Register of Deeds, Ozaukee County, Wisconsin, document number 528822, a “Declaration Of, And Claim of Rights In And To Land Patents”, with certified copies of the referenced patents of which Affiant’s private land is a subset, a copy of which is marked “Exhibit J” and incorporated herein by reference. No person ever challenged Affiant’s Claim of Rights in and to said Land Patents.
12. On April 29, 1997, Affiant recorded in the office of the Register of Deeds, Ozaukee County, Wisconsin, document number 576044, an Affidavit of Notice of Claim and a Claim To Private Land Rights with certified copies of the referenced patents of which Affiant’s private land is a subset, a copy of which is marked “Exhibit K” and incorporated herein by reference. No person ever challenged Affiant’s Claim of Rights in and to said Land Patents.
13. On July 3, 10, 17, 1997, Affiant had published in the Ozaukee Press, the official newspaper for public notices in Ozaukee County, Wisconsin, a Notice of Affiant’s Claim to Private Land Rights previously recorded in Deeds on April 29, 1997, and Noticed the world that any challenge to Affiant’s Claim must be made within 90 days. No person ever challenged Affiant’s Claim. The affidavit of publication by the Publisher is marked “Exhibit L” and incorporated herein by reference. No person ever challenged Affiant’s Claim of Rights in and to said Land Patents.
14. As evidenced by an Abstract of Title, by and through the Land Patent bearing Certificate No. 1435 dated August 10, 1837 issued to William Jones by the United States of America, Complainant is heir and assignee as follows:
The United States of America to William Jones; William Jones and Anna, his wife, to Joseph. H. Dwight; Joseph H. Dwight to John P. Huntington; William H. Huntington as Administrator of the estate of John P. Huntington to Charles Walker; Charles Walker and Nancy B., his wife to Rufus Washburn; Rufus Washburn to William B. Walker; William B. Walker to John Jacob Graf and Margaretta Graf, his wife; John Jacob Graf et al. heirs of Margaretta Graf, deceased to Chas. G. Meyer, administrator of said Estate; Chas. G. Meyer Administrator of the estate of Margaretta Graf, deceased, to Philipp Greeneisen; Philipp Greeneisen to Michael E. Harrington and Helen I. M. Harrington, his wife; Michael E. Harrington and Helen I. M. Harrington, his wife to Harry W. Bolens; Harry W. Bolens to Ella Hill Bolens; Ella Hill Bolens to Gilbert M. Schucht and Virginia Schucht, his wife; Gilbert M. Schucht and Virginia Schucht, his wife, to Dolores Fischer; Dolores Fischer to Virginia Schucht; Gilbert M. Schucht and Virginia Schucht, his wife, to Chester W. Browne and Edith A. Brown, his wife; Virginia Schucht to Chester W. Browne and Edith A. Brown, his wife; Chester W. Browne and Edith A. Brown, his wife to Alfred S. Magritz and Betty Jane Magritz, his wife; Betty Jane Magritz to Steven Alan Magritz. “Exhibit M”, relevant six (6) pages of Abstract of Title, incorporated herein by reference. Affiant has personal possession of the complete, original Abstracts.
15. The relevant and operative provisions of the Land Patent dated August 10, 1837 bearing Certificate No. 1435 issued to William Jones of which Affiant is heir or assignee are as follows:
“NOW KNOW YE. That the United States of America, in consideration of the Premises, and in conformity with the several acts of Congress, in such case made and provided, HAVE GIVEN AND GRANTED, and by these presents DO GIVE AND GRANT, unto the said William Jones and to his heirs, the said tract above described: TO HAVE AND TO HOLD the same, together with all the rights, privileges, immunities, and appurtenances of whatsoever nature, thereunto belonging, unto the said William Jones and to his heirs and assigns forever.”
16. Affiant has never waived any of the rights, privileges, immunities, and appurtenances of whatsoever nature of the United States of America that were granted in the aforesaid Land Patent to William Jones and his heirs and assigns forever.
17. The Supreme Court of the United States says that a Land Patent issued by the United States of America is a contract executed.
18. Affiant claims the taking of Affiant’s private property is a breach of fiduciary duty by public officers in violation of Article 1 Section 10 Clause 1 of the Constitution of the United States of America, which states in pertinent part, “No State shall … pass any … Law impairing the Obligation of Contracts.”
19. Affiant claims the taking of Affiant’s private property is a breach of fiduciary duty by public officers in violation of Article I Section 12 of the Constitution of The State of Wisconsin, which states in pertinent part, “No bill of attainder, ex post facto law, nor any law impairing the obligation of contracts, shall ever be passed”.
20. Affiant claims the taking of Affiant’s private property for public use without just compensation is a breach of fiduciary duty by public officers, in violation of the Fifth Article in Amendment to the Constitution of the United States of America.
21. Affiant claims the taking of Affiant’s private property for public use without just compensation is a breach of fiduciary duty by public officers, in violation of Article I Section 13 of the Constitution of The State of Wisconsin.
22. The most egregious acts constituting breach of fiduciary duty by public officers and causing Affiant injury have been ongoing since February 7, 2001, the last known acts being perpetrated December 1, 2011, December 14, 2011, December 15, 2011, and January 27, 2012.
23. On or about February 7, 2001, Dennis E. Kenealy, (hereinafter “Kenealy”), an attorney trained in the law who knew or should have known that Affiant’s private land was not property of the corporation named State of Wisconsin or any of the political corporation subunits of said State, nor was Affiant’s private property hypothecated to the corporation named State of Wisconsin or any of the political corporation subunits of said State, and further, that Affiant’s private land was protected by Land Patents issued by The United States of America, and further, that Affiant had a first priority secured interest in said private land as evidenced by
documents filed in the office of the Wisconsin Department of Financial Institutions, falsely represented to the (then existing) Taxation and General Claims Committee of Ozaukee County (TGCC) that said Committee had the authority to “foreclose” on Affiant’s private land.
24. On or about February 7, 2001, Kenealy, who knew or should have known that the (then existing) TGCC had no statutory authority (Wis. stats. §§ 59.02(1) and 59.52(12)) to authorize foreclosure on any alleged “tax certificate” in excess of $10,000, intentionally, purposely, falsely represented to said Committee that said Committee had the statutory authority to authorize Kenealy to file a foreclosure suit against Affiant’s private property.
25. On or about February 7, 2001, the members of the TGCC unlawfully “authorized” Kenealy to file a “foreclosure” action against Affiant’s private property, which Kenealy did file.
26. On or about April 23, 2001, Affiant tendered twenty-two thousand, six hundred and thirty-four and ninety-seven/one-hundredths dollars ($22,634.97) payment in full, as extortion, for the alleged tax to Ozaukee County Treasurer Karen L. Makoutz, which was accepted by Makoutz.
27. On or about April 23, 2001, Kenealy unlawfully removed Affiant’s extorted payment from the Ozaukee County Treasurer’s office and thereafter concealed said extorted payment in furtherance of Kenealy’s scheme to steal Affiant’s private property.
28. On May 30, 2001, Affiant timely filed a Verified Answer and Counterclaim with the Ozaukee County Circuit Court by way of Registered United States mail RR 101 861 035 US, and, served the Answer and Counterclaim on Treasurer Karen L. Makoutz by way of Certified United States mail 7000 0520 0015 4077 0321, as evidenced by the mailing receipts and the signed “green cards”.
29. On or about May 31, 2001, Kenealy intentionally, purposely, in furtherance of his scheme to injure Affiant and steal Affiant’s private property, unlawfully removed, and thereafter concealed, Affiant’s Answer and Counterclaim, which included numerous certified, self-authenticating evidentiary documents from the public record in support of the Answer and Counterclaim of which the Court was instructed to take mandatory judicial notice, from the files of the Ozaukee County Circuit Court.
30. Kenealy enlisted Ozaukee County Clerk of Court Jeffrey S. Schmidt as a party to the conspiracy, whereby Schmidt did not enter the receipt of Affiant’s Answer and Counterclaim on the court record sheet or docket sheet as required by law, as evidenced by a certified copy of the court record.
31. On or about August 8, 2001, in a hearing before judge Joseph D. McCormack, Kenealy, in furtherance of his scheme to injure or defraud Affiant and steal Affiant’s private property, and while in possession of Affiant’s extorted payment as well as Affiant’s Answer that Kenealy had stolen from the court files, intentionally, purposely, knowingly, falsely represented to the judge that Affiant had not paid the tax and falsely represented to the judge that Affiant had not filed an Answer to the Complaint, and, submitted to the judge for signing an Order and Judgment with those false representations.
32. On or about August 10, 2001, Kenealy, in furtherance if his scheme to wrongfully deprive Affiant of his property, recorded with the Register of Deeds two documents (no. 684564 and no. 684565) relating to a security interest in or title to Affiant’s private property, knowing that the contents or any part of the contents were false, a sham, or frivolous.
33. On or about September 24, 2001, Kenealy, in furtherance of a scheme to injure or defraud or wrongfully deprive Affiant of his private property, unlawfully removed and thereafter concealed, Affiant’s Claim against Ozaukee County (and report of criminal activity of Kenealy) that had been served upon Ozaukee County Clerk Dobberpuhl by Sheriff’s Deputy G. L. Speth.
34. On or about October 24, 2001, Maurice A. Straub, d/b/a sheriff of Ozaukee County, with 2 dozen armed men, nine of whom wore full military camouflage and concealed their identity with black faces masks, violently broke through a locked door and into Affiant’s private home, threatened Affiant with death by pointing machine guns at Affiant’s head at point blank range while pointing a handgun at the head of Affiant’s wife, physically seized Affiant, physically removed Affiant from Affiant’s private land, and unlawfully locked Affiant in the Ozaukee County jail, all acts perpetrated without a warrant and without a legal or lawful order from a court and without any breach of the peace by Affiant.
35. On or about October 24, 2001, Maurice A. Straub, by force of arms, seized Affiant’s private land and threatened Affiant if Affiant would attempt to return to Affiant’s land, and, unlawfully seized Affiant’s private personal property (an act of armed robbery), including but not limited to a great quantity of various kinds of building construction materials and dozens of cars and trucks, many of which had valuable big-block engines, all of which private property was valued at over $700,000.00 and taken for public use without any compensation whatsoever paid to Affiant.
36. On or about December 12, 2001, three others and Affiant visited the office of the clerk of court to inspect the case file to determine how judge Joseph D. McCormack could have legally and lawfully granted a default judgment against Affiant and Affiant’s private property when Affiant had not only filed a Verified Answer and Counterclaim, but Affiant also had paid in full (as extortion) the alleged taxes.
37. Affiant confronted clerk Schmidt with the Postal Service “green card” evidencing receipt by the clerk of the Answer and Counterclaim, and demanded to know why the Answer was not in the file and why the court record sheet did not reflect the receiving of the Answer by the court.
38. Schmidt immediately reached down, grabbed a phone, called Kenealy, and stated, “Dennis, Steve Magritz is here looking for the Answer to the Summons and Complaint on the foreclosure. Would you look for it in your office?”
39. After Affiant’s December 11, 2001 confrontation with clerk Schmidt, Affiant’s Verified Answer and Counterclaim, which had been “missing” from the office of the clerk of court and from the court file for over six (6) months, and which Kenealy had concealed from judge McCormack, and by which concealment Kenealy had fraudulently obtained a default judgment, mysteriously “reappeared” in the court file without any explanation whatsoever, as evidenced by court certified copies of the time and date stamped envelope as well as the time and date stamped Answer and Counterclaim.
40. After the taking of Affiant’s private property by respondents, on a specific date unknown to Affiant, and while under the “control” or “possession” of Maurice A. Straub, unknown named public officers demolished Affiant’s private dwelling house used as a guest house, which act is defined by the United States as an act of terrorism.
41. On or about October 20, 2003, Affiant filed Affiant’s first affidavit of criminal report titled Affidavit of Criminal Report and Probable Cause By Witness and Victim of Criminal Activity with the Ozaukee County district attorney named Sandy A. Williams. Williams wrote Affiant stating that she was not going to prosecute Kenealy for Kenealy’s criminal acts.
42. On or about November 5, 2007, Affiant testified under penalty of perjury before judge Andrew T. Gonring during a hearing to vacate the void judgment issued pursuant to the August 8, 2001 hearing and judgment of Joseph D. McCormack.
43. At the November 5th hearing, Affiant testified as to the aforesaid criminal acts of Kenealy who, while present at the hearing, remained silent and did not rebut Affiant’s testimony.
44. During the course of the November 5th hearing Gonring, on the record, denied Affiant’s motion that Gonring abide by his oath of office and act in accordance with the federal and state Constitutions. Gonring stated, “I don’t know what that says other than I’m supposed to do my job and to the extent that that’s all that motion says, that motion is denied.”
45. Affiant claims Gonring perjured his oath of office by denying the motion to abide by his oath of office and act in accordance with the federal and state Constitutions.
46. Gonring did not take any action against Kenealy, or report Kenealy’s acts to proper authorities.
47. On or about July 13, 2011, Affiant filed a Report of Criminal Activity By Victim/Witness with Maurice A. Straub, d/b/a Ozaukee County sheriff, and Adam Y. Gerol, d/b/a district attorney. Straub refused to investigate Kenealy’s acts and Gerol refused to prosecute Kenealy.
48. On or about August 1, 2011, following the refusals of Straub and Gerol to investigate or prosecute Kenealy, Affiant filed with the Ozaukee County Circuit Court a Verified Motion For A Determination Of Probable Cause for a determination if probable cause exists to arrest Kenealy for criminal acts (case no. 2011JD0001).
49. Affiant’s Motion was assigned to Sandy A. Williams, an Ozaukee County Circuit Court judge and the former district attorney who had refused to prosecute Kenealy in 2003.
50. Sandy A. Williams failed or refused to recuse herself based on personal interest and bias and prejudice, obvious since Williams had refused to prosecute Kenealy in 2003 when she was district attorney.
51. Williams issued a “Decision and Order” stating: “the court has determined that it is not necessary to convene a hearing to determine whether a crime has been committed.”
52. On or about August 16, 2011, Affiant began a process to give the public officers of Ozaukee County (fiduciaries of the Public Trust) the opportunity to correct the past unlawful acts and breaches of fiduciary duty perpetrated by themselves and other public officers of Ozaukee County against Affiant, a beneficiary of the Public Trust.
53. On or about August 16, 2011 Affiant caused to be mailed to thirty-seven public officers of Ozaukee County a Notice: To Exhaust Administrative Remedies and for Other Purposes.
54. All thirty-seven of the public officers are fiduciaries of the Public Trust who owe a fiduciary duty of full disclosure, honesty, integrity, and good faith to Affiant, a beneficiary of the Public Trust.
55. All thirty-seven public officers were mailed by way of a notary public Affiant’s first Notice, then Affiant’s Notice of Fault, and then Affiant’s Affidavit of Default.
56. The notary public, Kenneth A. Kraucunas, thereafter requested a response from the public officers, and then issued a Notice of Fault by notary public, followed by an Affidavit of Default by the notary public.
57. The Affidavit by State of Wisconsin Notary Public Kenneth A. Kraucunas evidences that all thirty-seven public officers have agreed, nihil dicit, their perpetration of, consent to, or assent to, the unlawful acts set forth in Affiant’s Affidavit of Default, which are acts in violation of both the laws and the Constitution of the United States and in violation of both the laws and Constitution of Wisconsin. See “Exhibit F”, certified out of the United States District Court, Eastern District of Wisconsin, and incorporated herein by reference.
58. On or about September 1, 2011, Kenealy’s assistant, Rhonda K. Gorden, filed for and on September 14, 2011 was granted in Ozaukee County Circuit Court an injunction against STEVEN A. MAGRITZ and against the aforesaid notary public prohibiting them from further contact with the aforesaid public officers.
59. Affiant claims the aforesaid public officers had a fiduciary duty of disclosure to respond to Affiant, a beneficiary of the Public Trust.
60. Affiant claims the aforesaid public officers agreed to have acted in breach of their fiduciary duties, as evidenced by the affidavit of notary public Kenneth A. Kraucunas. See aforesaid “Exhibit F”, incorporated herein by reference.
61. Affiant is not an officer of, or an agent of, or an employee of, or a member of, or acting on behalf of the corporation named State of Wisconsin or any of said State’s political subunits.
62. Affiant claims Rhonda K. Gorden and Kenealy know, should know, or have reason to know that Affiant is not an officer of, or an agent of, or an employee of, or a member of, or acting on behalf of the corporation named State of Wisconsin or any of said State’s political subunits, and therefore they are knowingly misapplying corporation statutes against Affiant.
63. On or about September 1, 2011, Adam Y. Gerol, acting in concert with Kenealy, filed a Summons and a Criminal Complaint in Ozaukee County Circuit Court against STEVEN A. MAGRITZ after Affiant filed a confirmation or correction deed correcting mistakes in Affiant’s original Deeds in 1990 for the purchase of Affiant’s unlawfully seized land.
64. Affiant charges Gerol with retaliation against a victim and witness of crime for Affiant exposing Gerol’s dereliction of duty and exposing the criminal acts and breach of fiduciary duty by public officers of Ozaukee County.
65. Affiant claims that Gerol knows, should know, or has reason to know that Affiant has the inherent right to correct mistakes in Affiant’s original purchase Deed, and that Gerol has no authority to convert Affiant’s right into a crime.
66. Affiant claims that Gerol knows, should know, or has reason to know that Affiant is not an officer of, or an agent of, or an employee of, or a member of, or acting on behalf of the corporation named State of Wisconsin or any of said State’s political subunits, and therefore Gerol is misapplying corporation statutes against Affiant.
67. Affiant claims Gerol’s action against Affiant constitute malicious prosecution and retaliation against a victim and witness of crime.
68. On or about December 15, 2011, Sandy A. Williams, the very same Sandy A. Williams with an unresolved charge of misprision of felony against her by Affiant, granted Gerol an arrest warrant for STEVEN A. MAGRITZ.
69. Affiant claims Williams’ action against Affiant is retaliation against a victim and witness of crime.
70. Affiant claims Williams’ action against Affiant is retaliation against Affiant, a victim and witness of crime who filed a criminal report against Williams.
71. Affiant incorporates herein by reference “Exhibit N”, Affiant’s 12/09/2011 Report of Criminal Activity by Victim/Witness, which is certified out of office of the Clerk of Court, Ozaukee County, Wisconsin.
72. Affiant claims all of the aforesaid acts by public officers are acts of dishonesty and constitute breach of fiduciary duty by public officers resulting in injury to Affiant and Affiant’s rights in and to private property.
73. Affiant claims all of the aforesaid acts by public officers were acts in furtherance of involuntarily subjecting Affiant, a private American with inherent rights in inherent jurisdiction, to corporation statutes, rules, or regulations when Affiant is not an officer of, or an agent of, or an employee of, or a member of, or acting on behalf of the corporation named State of Wisconsin or any of said State’s political subunits, in violation of the Thirteenth Amendment to the Constitution of the United States of America, and in violation of Article I Section 2 of the Constitution of Wisconsin, both of which prohibit slavery or involuntary servitude.
74. Affiant claims all of the aforesaid acts by public officers were acts in furtherance of extracting revenue (a “taking” resulting in unjust enrichment) and taking Affiant’s private property without just compensation in violation of both the self-executing provisions of the Fifth Article in Amendment to the Constitution of the United States of America, and Article I Section 13 of the Constitution of The State of Wisconsin, both of which prohibit the taking of private property for public use without just compensation.
75. Affiant claims all of the aforesaid acts by public officers were in violation of Article 1 Section 10 Clause 1 of the Constitution of the United States of America, which states in pertinent part, “No State shall … pass any … Law impairing the Obligation of Contracts”, and in violation of Article I Section 12 of the Constitution of The State of Wisconsin, which states in pertinent part, “No bill of attainder, ex post facto law, nor any law impairing the obligation of contracts, shall ever be passed”.
Executed on this April ____, 2012.
BY: _______________________________________
Steven Alan Magritz
C/o Notary
P.O. Box 342443
Milwaukee, Wis. 53234
Use of a notary public is explicitly not for the purpose of entrance into any foreign or corporate jurisdiction.
State of Wisconsin )
) ss
Milwaukee County )
I, the undersigned Notary Public in and for the State of Wisconsin, certify that Steven Alan Magritz, being duly sworn upon oath, did appear before me and in my presence did affix his seal to this Affidavit at Milwaukee, Wisconsin on this the ____ day of April 2012.
________________________________________
Kenneth A. Kraucunas - Notary Public
My Commission Expires:_________________
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