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This is one of several notifications of criminal acts committed against me.  No answer, no comment, no charges, no prosecution, from Hill.

                                                7/16/2007

State Attorney Jerry Hill, 255 N. Broadway Ave. Bartow, Fl. 33830

You were noticed of criminal acts that are on-going against me,  by Certified Mail. You have made no effort to secure my safety, protect my rights to my home, personal belongings and  freedom to enter my domicile, at will.

This is lawful notification and is sent pursuant to the federal Constitution, specifically, the Bill of Rights, in particular, the First, Fourth, Fifth, Sixth, Seventh, Ninth and Tenth Amendments, and pursuant to your oath, and requires your written response to me specific to the subject matter.  Your failure to respond, as stipulated, and rebut, with particularity, everything in this letter with which you disagree, is your lawful, legal and binding agreement with and admission to the fact that everything in this letter true, correct, legal, lawful and fully binding upon you in any court in America, without your protest or objection or that of those who represent you.  Your silence is your acquiescence.  See:  Connally v. General Construction Co., 269 U.S. 385,391.  Notification of legal responsibility is “the first essential of due process of law”.  See also:  U.S. V Tweel, 550 F.2d.297.  “Silence can only be equated with fraud where there is a legal or moral duty to speak or when an inquiry left unanswered would be intentionally misleading”.

                                                            AFFIDAVIT OF TRUTH AND FACTS

 TO DATE, NO ACTION HAS BEEN TAKEN TO REMEDY THE CRIMINAL ACT OF DENYING ME ACCESS TO MY HOME, UNDER ARTICLE 1, SEC.2 AS WELL AS, SEC 9, OF THE FLORIDA STATE CONSTITUTION AND ALL MAY BE SUBJECT TO  843.14   COMPOUNDING FELONYWHOEVER, HAVING KNOWLEDGE OF THE COMMISSION OF AN OFFENSE PUNISHABLE WITH DEATH OR BY IMPRISONMENT IN THE STATE PRISON, TAKES MONEY OR A GRATUITY OR REWARD, OR AN ENGAGEMENT THEREFORE, UPON AN AGREEMENT OR UNDERSTANDING, EXPRESSED OR IMPLIED, TO COMPOUND OR CONCEAL SUCH OFFENSE, OR NOT TO PROSECUTE THEREFORE, OR NOT TO GIVE EVIDENCE THEREOF, SHALL, WHEN SUCH OFFENSE OF WHICH HE OR SHE HAS KNOWLEDGE, IS PUNISHABLE WITH DEATH OR IMPRISONMENT INN THE STATE PRISON, FOR LIFE, BE GUILTY OF A FELONY OF THE THIRD DEGREE, PUNISHABLE AS PROVIDED IN S.775.082 OR S775.083.

 

1.  Failure to take and/or file criminal report on theft of all my possessions, removed from my domicile, without my permission, by Betty Dugan, a/k/a Elizabeth Trinity. Stolen belongings located in Ormond Beach, Fl.

 2.  Failure to investigate report on the criminal act of being physically expelled and/or barred, pushed and locked out of my domicile, by Betty Dugan, and her handyman, Jerry Hendrix whom I hold harmless, as he was in her employ, at that time.  He was doing as he was instructed, “Change all the locks.  Install dead bolts and DO NOT ALLOW HER TO RE-ENTER”. These instructions were given to Jerry Hendrix, by the perpetrator, Betty Dugan.   This was also witnessed by material witness, Mike Hamilton, who was, at that time, a renter of mine. To date, no follow up in my behalf.  No charges filed against the person of Betty Dugan, known to the FBI, to be well-connected, with ties to drug-trafficking.

3.  Failure to take report and/or investigate, on my behalf.  Denial of my rights to my property, under Art. 1. Sec.2, by the Polk Co. Sheriff Dept.  They, under advisement of Dep. Susan Weiss, have placed a law of abandonment, upon me, the owner.  I have Declaration of Domicile to said property that stipulates “it is my principle abode and domicile and to which, upon leaving, I always intend to return, and that I intend to continue it as such”.   Instrument # 2006228762.  You are mandated by law to see that all criminal acts are investigated, when they are presented to your office.

5.  You Lied to the Bar Association when contacted about the criminal activities of Joy Carpenter, the attorney of the one known as Betty Dugan, who is a ‘silent partner’ in the said firm.  Your comment was “This case was closed in 2005”.  The case has been on-going for four years and is NOT CLOSED!

.

  1.   NOTICE OF BREECH OF CIVIL RIGHT

 Title 42 USC 1983  provides in relevant part that “:every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State...subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any right, privileges, or immunities secured by the Constitution, shall be liable to the party injured”

All persons found to be depriving me rights to my domicile, refusal to take or make record (material witness to this Carol Castagnero, Pearl Bryan, Carla Deterding Dallas Porter, Jerry Hendrix Mike Hamilton and expert witness, clinical psychologist,  Dr Graham.) ,or prosecute.  All parties having been given first-hand knowledge of criminal acts committed against me are bound by law under title 42 USC 1983 which provides in relevant part that: “every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State...subjects or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any right, privileges, or immunities secured

by the Constitution  .Shall be liable to the party injured; Failure to Protect my Right of freedom, under Art. 1, of the Florida state Constitution, and failure to uphold Florida Title 18, which states FALSE ARREST:   7/6/05  See for service only AAA

 Title 18 – Crimes and Criminal Procedure

PART 1 – CRIMES

 CHAPTER 220A – DOMESTIC VIOLENCE AND STALKING

Sec. 2265.  Full faith and credit given to protection orders

Full Faith and Credit. – Any protection order issued that is consistent with subsection  (b) of this section by the court of one state or Indian  tribe (the issuing State or Indian tribe) shall be accorded full faith and credit by the court of another State or Indian tribe (the enforcing State or Indian tribe) and enforced as if it were the order of the enforcing State or tribe.

Protection Order. – A protection order issued by a State or tribal court is consistent with this subsection if –

(1)  such court has jurisdiction over the parties and matter under the law of such State or Indian tribe: and

 (2) reasonable notice and opportunity to be heard is given to the person against whom the order is sought sufficient to protect that person’s right to due process.  In the case of ex parte orders, notice and opportunity to be heard must be provided within the time required by State or tribal law, and in any event within the time required by State or tribal law, and in any event within a reasonable time after the order is issued, sufficient to protect the respondent’s due process rights

 Cross or Counter Petition. – A protection order issued by a State or tribal court against one who has petitioned, filed a complaint, or otherwise filed a written pleading for protection against abuse by a spouse or intimate partner is not entitled to full faith and credit if –

(1)  No cross or counter petition, complaint or other written pleading was filed seeking such a protection order: or

(2) a cross or counter petition has been filed and the court did not make specific findings that each party was entitled to such an order.

–SOURCE-

            (Added Pub. L. 1030322, title !V, Sec. 40221 (a), Sept. 13, 1994 108 Stat. 1930.

Since no court order  had been issued against me, a ‘for service only’ was to be served.

 

If you disagree with anything in this letter, then rebut that with which you disagree, in writing, with particularity, to me, within 20 days of this letter’s date,  and  support your disagreement with fact, evidence and Constitutionally based or case law.  Your failure to respond, as stipulated, is your agreement with and admission to the fact that everything in this letter is true, correct, legal, lawful, and your irrevocable admission attesting to this, fully binding upon you in any court in America, without your protest, objection, or that of those who represent you.

 

Further, the affiant sayth naught.

 

Affidavit sent by Registered Mail to this 21st day of May, 2007.

1.  Fact: USC 14th Amendment (Deprived of the use of property)

 

2.  Case pending since 1/27/04, to date, 8/14/2007.  Plaintiff forced to live in exile and deprived of the use of her property for four years.

 

3.       Fact:  False Arrest, with causation of unlawful imprisonment (three days)  See Trzevant v Tampa 741F2D336 11th Circuit 1984  $1,800,000.00 per day: $5,400,000.00 total

       4.  Failure to take and/or file criminal report on theft of all my possessions, removed from my domicile, without my permission, by Betty Dugan, a/k/a Elizabeth Trinity.  Stolen belongings located in Ormond Beach, Fl.  

       5.  Failure to investigate report on the criminal act of assault and battery perpetrated upon me by Betty Dugan and her handyman, Jerry Hendrix

.

Fact:  Total disregard of Plaintiff’s right to due process of law for protection of rights to ownership of property.  Violation falls under Art 1, Sec 2.

What constitutes property protected under the Constitution:

Slaughter-House Cases, 16 Wall 36

Buchanan v Warley, 245 US 60, 38 S Ct 16

Liggett  Co. v Baldridge, 278 US 105, 49 S Ct 57

 

6. COMPOUNDING FELONY:

 Board of Regents v Roth, 408 US 564, 92 S Ct 2701

TO DATE, NO ACTION HAS BEEN TAKEN TO REMEDY THE CRIMINAL ACT OF DENYING ME ACCESS TO MY HOME, UNDER ARTICLE 1, SEC.2 AS WELL AS, SEC 9, OF THE FLORIDA STATE CONSTITUTION AND ALL MAY BE SUBJECT TO  843.14   COMPOUNDING FELONY:  WHOEVER, HAVING KNOWLEDGE OF THE COMMISSION OF AN OFFENSE PUNISHABLE WITH DEATH OR BY IMPRISONMENT IN THE STATE PRISON, TAKES MONEY OR A GRATUITY OR REWARD, OR AN ENGAGEMENT THEREFOR, UPON AN AGREEMENT OR UNDERSTANDING, EXPRESSED OR IMPLIED, TO COMPOUND OR CONCEAL SUCH OFFENSE, OR NOT TO PROSECUTE THERFOR, OR NOT TO GIVE EVIDENCE THEREOF, SHALL, WHEN SUCH OFFENSE OF WHICH HE OR SHE HAS KNOWLEDGE, IS PUNISHABLE WITH DEATH OR IMPRISONMENT IN THE STATE PRISON, FOR LIFE, BE GUILTY OF A FELONY OF THE THIRD DEGREE, PUNISHABLE AS PROVIDED IN S.775.082 OR S775.083

 

 

                                                                        __________________________

                                                       

 

    5/9/2007

Vera Lena Peskan and Vera Peskan (Mother of Vera): Time-Line

 1998 Betty Dugan re-appears in my life after over 25 years.  She says she now works for God and after a great experience is dedicated to His Work and will erect a Shrine and place of worship at the specific sight upon which He appeared. 

Not remembering her as a godly person, I conceded, all can change and at her behest, sold my newly acquired acreage and mobile homes and followed her to Kissimmee, Fl.   In 2000, I solely, purchased property in Davenport, Fl., bought a 2,100 sq. Ft. modular home and developed the land.  I was the sole-owner of said property.

 Exhibit A

 In 2001, Vera Peskan, our mother at the age of 96, was critically ill and since none of us had been in communication, our mother was placed in the care of the state.

Betty, with the assistance of Joy Carpenter, the attorney, at her side, lied to the question, when asked by the court, had she ever been convicted of a crime of abuse that would usurp her entitlement to becoming Vera’s guardian.

 Exhibit B

Count 1  Larceny by False Promise

 Upon her being named guardian, she took Oath to our mother to see that I had a paid for home, and never have financial hardship and the rest of the money was to be put into the hands of her “ministry”, Trinity Christian Ministries, Inc.

 I became the primary care-giver to our mother.  She was on her death-bed when we arrived, but after wrestling the guardianship away from the court-appointed group, with my care, she regained some of her strength. Betty and her co-horts of the ‘ministry’, most of which are attorneys, had Vera’s (my mother) trust put entirely in Betty’s hands.  Mike Garlington, of Northern Trust, an attorney and ‘ministry partner’, against his better judgment, put all the monies and holdings, solely in the hands of Betty Dugan.  Unlawful, under Florida Statutes for non-profit.

             Within months, in fear that my children would interfere with her plans and influence me to not give up my inheritance, (they all reside in Tallahassee, Fl., where my mother resided),  Betty moved my mother to my home in Davenport, Fl.  The abuse, which was in the form of ridicule, debasement, sleep deprivation, lack of privacy, alienation, deception and complete control, was continual.

         Count 2  INVOLUNTARY SERVITUDE.

Duress, coercion and “Upon attempting to read and have an understanding of this “To Have and To Hold” clause,  I was instructed it was only formal language that I would not understand, did not need to understand and to put my name on said instrument or face firing immediately, with no financial assistance from my mothers estate, as promised her, my mother, under oath, before she signed it over to Trinity Christian Ministeries.  See Attachment  Document (3)  The violation of my Civil Rights under ....... was perpetrated against me while I was in abject fear, apprehension and with ‘no meeting of the minds, no mutual assent and misrepresentation, not allowed an outside attorney or family member to give me guidance.  Taken out of state for 3 days, upon which I was promptly fired, with no notice and rendered penniless.  Then the assault and battery against me was instituted and I was literally thrown from my home, my entrance to it was barred from me by Jerry Hendrix, a hired-man for the Defendant and dead-bolts and locks were changed by same. My possessions were thrown to the street.  With the threat of the defendant, to have me seized and Baker Acted, as well as given shocks treatments, I left, in fear for my very life.  Her underworld connections are well-documented.  ( Sheriff Dept has only one thing on my complaints (ABANDONMENT OF PROPERTY! –case closed.)  This is documented by Jerry Hill, State Attorney when given documentation of fraud, assault and battery, theft a/w/a other equally horrendous complaints, none of which have ever received remedy or due process of law.)

 See Attachment 4.

        Count 3  Assault and Battery upon ME AND my granddaughter, Dulcie Porter, while on my premises.

See attachment 5.

 Dugan made threats upon the life of my granddaughter only weeks before, by slapping, punching and physically throwing her off my property.  Her statement, I shall always remember, “Your Grandmother owns nothing here! It all belongs to me and my MINISTRY!  I have connections from here to Washington, DC and can make anyone disappear, and will!”  Again, no report taken to the assault and battery.  No investigation, no redress of issues, no remedy.  Violation of Civil rights .....In dereliction of duty perpetrated by Polk Co. Sheriff Dept.     Material WITNESS:  Dulcie Porter.

 (See Prohibited Act of Notary violation 117.107  Prohibited Act of Notary Public Office, in part....’may not be party to transaction’  See Document   I was in total submission, at this juncture and unable to come to my Granddaughter’s defense.  See Documents of assault and battery, abuse of children, perpetrated by the Defendant, who lied under Oath when asked of the Court, before retaining custody of my mother, had she ever been convicted of such.  Both she and Joy Carpenter gained control of my mother’s estate by falsely agreeing before a court of law, that the Defendant had never been charged with any crimes of abuse..  (See Document 6)

  Exhibit C

 My home was paid off by the estate, as promised.  Within weeks of this, I was threatened with being fired.  I was forced to quit my own work which provided me a good living.  They, the cult, told me I was needed as the receptionist in their newly acquired law office.  My salary dropped from $20 to $30 per hour, to $5.00.  As traveling and food took all my salary, I was rendered virtually penniless and at their beck and call.

 I was reminded daily that I should be grateful, because I certainly was not worth that much and that it was more than I had ever made before!

Now I had no way to support myself and was put in total dependency.  Threats were ongoing to the effect I would be cut off from any future financial assistance and under duress, fear and total submission, my name was put on a quit claim deed, without benefit of my family or outside assistance.  When I fearfully asked the meaning of the language contained in this instrument, I was told it would be of no assistance to me, because I would not understand it, since it was legal jargon.

      Count 4 FRAUD

The INSTRUMENT, #2003034809, (See Document 1) was created in fraud by Joy Carpenter and Starla Caldaron of Joy-Star, PA, Kissimmee, Fl.

 (A) ‘Want of consideration, under threat, duress and coercion, and therefore, lack of contract.

(B) Misrepresentation, conflicting use of conveyance i.e.: Quit Claim may show no division of property.    As Grantor, cannot convey to myself.  On Witnesseth, ‘That the first party, for and in consideration of Love and Affection, does hereby remise, release, and quit-claim .... illegal consideration in Barrons’ Law Dictionary and “WANT OF CONSIDERATION.

(C)  To have and to hold, The same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said first party, (the Plaintiff), either in law or equity, to the only proper use, benefit and behoof of the said second party forever. This is ‘fee simple’ and contradictory to the initial language and conveyance described in the description which reads, in part, ‘joint tenants”. Fraud vitiates Contract  Starla Caldaron of Joy-Star PA, is a real-estate attorney and therefore in full knowledge of  fraud created by purveyance of fee simple and quit-claim, on same instrument.

(D)  Official Misconduct by a Notary Public   See  839.25-

Uttering forged instruments                           See 831.02  (See document 2)

Your Grandmother owns nothing here! It all belongs to me and my MINISTRY!     Placing entire ownership of my property to her ministry ‘partners’. 

Material Witness #1:   Dulcie Porter.

Exhibit D

 On or about 9/10/03 weeks after obtaining my name on said instrument,  I saw a three page ‘warranty deed’  lying on my kitchen counter, which I incredulously read as follows:  It conveyed everything I owned, even the furniture and window treatments I made, entirely to the ministry and upon Betty’s death, all went to her DAUGHTER!   Joy Carpenter told me I had 24 hours to state a claim to whatever I thought was mine, after that, it went entirely to them.  When I questioned Betty she told me I was a psycho babbler, crazy and was calling the authorities to have me Baker Acted.  Her threats were inclusive of shock treatments as well as being removed in a straitjacket!

 With this, I fearfully drove to a former renter’s home in Daytona, to attempt finding a way to stop this action against me.  In order to determine my mental status problem, I went to Halifax Memorial Hospital.  They said I was not Baker Act material, but if I wanted an evaluation, gave me a list of psychologists and psychiatrists. The Hospital, psychologist and psychiatrist all came to the same conclusion.  They could find no psychological problem.  Merely that I needed a lawyer.

9/1/03 Upon receiving psychological evaluation, I went home.  This is when I was physically barred and thrown from my premises.  My belongings were being thrown out one door as I attempted to place them back where they belonged in my home. Repeated attempts to have charges filed against Betty Dugan where met with no due process of law. Being in fear of the Sheriff Deputies and the obvious ties of the ‘well connected’ Betty Dugan, it took me months to muster up the courage to approach the authorities, to make a report.    One incident report taken on 5/17/05 a/w/a one on 6/21/06.

 Exhibit E

 Sheriff Dept.  Re:  Failure to Investigate material witnesses:

Jerry Hendrix of Plant City

Mike Hamilton

Need to contact and grant ‘hold harmless’ both parties and request Affidavit of Truth concerning the physical abuse and expulsion from my premises.

 On or about 6/05 a material witness and I went to the Bartow Sheriff Dept. and asked to speak to an investigator concerning the issue of obtaining a report and/or investigation of crimes we have had committed against we, the victims.     We asked if a report would be made in behalf of the assault and battery committed against me by Betty Dugan and Jerry Hendrix.  We were informed that they had an abandonment placed upon me.  This occurred upon my attempt to return to my home after being given a clean bill of mental stability. I was shoved, pushed and physically thrown from my home, as the handyman, Jerry Hendrix was changing and installing new locks and deadbolts on all my exterior doors.  This is called ‘abandonment’ by the Sheriff Deputies, Weiss, Pyke a/w/a Jerry Hill and DCF investigator, Brad Mitchell.

5/26505 Judge McCarthy ordered an injunction against Betty Dugan to remain in effect until

6/8/05, I was arrested by Sheriff Deputies Weiss and Pyke for CONTEMPT OF COURT-VIOL INJUCTION PROTECTION DOMESTIC VIOLENCE  As attachment  shows “For service only”  No Court Ordered Injunction was in place.

  FALSE ARREST:   7/6/05  See for service only AAA

Title 18 – Crimes and Criminal Procedure

PART 1 – CRIMES

 CHAPTER 220A – DOMESTIC VIOLENCE AND STALKING

Sec. 2265.  Full faith and credit given to protection orders

(a)                            Full Faith and Credit. – Any protection order issued that is consistent with subsection  (b) of this section by the court of one state or Indian  tribe (the issuing State or Indian tribe) shall be accorded full faith and credit by the court of another State or Indian tribe (the enforcing State or Indian tribe) and enforced as if it were the order of the enforcing State or tribe.

(b)                            Protection Order. – A protection order issued by a State or tribal court is consistent with this subsection if –

(1)  such court has jurisdiction over the parties and matter under the law of such State or Indian tribe: and

 (2) reasonable notice and opportunity to be heard is given to the person against whom the order is sought sufficient to protect that person’s right to due process.  In the case of ex parte orders, notice and opportunity to be heard must be provided within the time required by State or tribal law, and in any event within the time required by State or tribal law, and in any event within a reasonable time after the order is issued, sufficient to protect the respondent’s due process rights

(c)      Cross or Counter Petition. – A protection order issued by a State or tribal court against one who has petitioned, filed a complaint, or otherwise filed a written pleading for protection against abuse by a spouse or intimate partner is not entitled to full faith and credit if –

(1)  No cross or counter petition, complaint or other written pleading was filed seeking such a protection order: or

(2) a cross or counter petition has been filed and the court did not make specific findings that each party was entitled to such an order.

–SOURCE-


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