motion to compel the release of funds

9
Noble Wendell Brown-EI c/o P.O. Box 88045 Indianapolis, Indiana 46208 STATE OF INDIANA COUNTY OF MARION ) ) SS: ) MARION COUNTY CIRCUIT COURT PATERNITY DIVISION-TITLE IV-D CAUSE NO. 49C01-0403-JP-0599 TONI E DAVIDSON Plaintiff U t; U9 17 1 v. , I / Noble Wendell Brown-EI r , Defendant VERIFIED COMPLAINT AND MOTION TO COMPEL THE RELEASE OF FUNDS Comes now Noble Wendell Brown-EI, in propria persona, and motions this HONORABLE COURT to compel the MARION COUNTY CLERK'S OFFICE AND/OR the INDIANA DEPARTMENT OF CHILD SERVICES, CHILD SUPPORT BUREAU AND/OR ALL OTHER AGENCIES INVOLVED to immediately release AND repay, WITH INTEREST AND DAMAGES, $24,936 in fraudulently confiscated funds by the MARION COUNTY CLERKS OFFICE. This motion is supported by the included affidavit and documents of Defendant, Noble Wendell Brown- EI.

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Page 1: Motion to Compel The Release Of Funds

Noble Wendell Brown-EI

co PO Box 88045 Indianapolis Indiana 46208

STATE OF INDIANA

COUNTY OF MARION

) ) SS

)

MARION COUNTY CIRCUIT COURT PATERNITY DIVISION-TITLE IV-D

CAUSE NO 49C01-0403-JP-0599

TONI E DAVIDSON Plaintiff

U t U9 17 1 v I

Noble Wendell Brown-EI r

Defendant

VERIFIED COMPLAINT AND MOTION TO COMPEL THE RELEASE OF FUNDS

Comes now Noble Wendell Brown-EI in propria persona and motions this HONORABLE COURT to compel the MARION

COUNTY CLERKS OFFICE ANDOR the INDIANA DEPARTMENT OF CHILD SERVICES CHILD SUPPORT BUREAU ANDOR ALL

OTHER AGENCIES INVOLVED to immediately release AND repay WITH INTEREST AND DAMAGES $24936 in fraudulently confiscated funds by the MARION COUNTY CLERKS OFFICE This motion is supported by the included affidavit and documents of Defendant Noble Wendell Brown-EI

1 Noble Wendell Brown-EI has a receipt for $20000 that was delivered to the MARION COUNTY CLERKS OFFICE on May 31 2011 In violation of IC 31-16-9-1(b)(3) the MARION COUNTY CLERKS OFFICE has not remitted the ANY of the funds to Toni Davidson That receipt has been included in this filing

2 In violation of IC 31-16-9-2(a)(1)(2) the MARION COUNTY CLERKS OFFICE has not properly maintained the records showing that Noble Wendell Brown-EI made a $20000 payment or the date the payment was made A copy of the Payment History Detail from 112408 to 92611 showing the lack of a payment entry showing the $20000 payment or date of the payment has been included in this filing

3 The lack of ANY response from the MARION COUNTY CLERKS OFFICE to a letter delivered to the MARION COUNTY CLERKS on June 28 2011 was construed as a TACIT ADMISSION OF FELONY FRAUD and VIOLATIONS OF STATE AND FEDERAL STATUTES on July 5 2011 The MARION COUNTY CLERKS OFFICE still has not responded to the letter A copy of that letter is included in this filing

4 On October 12 2011 Noble Wendell Brown-EI was COERCED through THREAT OF LICENSE SUSPENSION to REQUEST an ADMINISTRATIVE HEARING that was held to determine if his DRIVERS LICENCE would be suspended for child support arrearages The ADMISSION OF FELONY FRAUD from the MARION COUNTY CLERKS OFFICE was presented to the court along with the receipt for the payment of $20000 to the MARION COUNTY CLERKS OFFICE Due to the LACK OF ACTION and the suspension of Noble Wendell Brown-EIs driving privileges by the INDIANA DEPARTMENT OF CHILD SERVICES CHILD SUPPORT BUREAU after having knowledge of the commission of a FELONY FRAUD the INDIANA DEPARTMENT OF CHILD SERVICES CHILD SUPPORT BUREAU is in violation of United States Code Title 18(1)(1)(4) MISPRISION OF FELONY and United States Statutes at Large Title LXX CH4 SEC5407(Conspiracy to defeat enforcement of the laws) A copy of the administrative courts decision has been included with this filing

5 Noble Wendell Brown-EI does not have any type of verbal OR written contract with TONI DAVIDSON MARION COUNTY CLERKS OFFICE or INDIANA DEPARTMENT OF CHILD SERVICES CHILD SUPPORT BUREAU or any other agency that says he owed or owes anything Therefore the $24936 as well as INTEREST and any other funds that were FRAUDULENTLY CONFISCATED by the INDIANA DEPARTMENT OF CHILD SERVICES CHILD SUPPORT BUREAU and MARION COUNTY CLERKS OFFICE since 112408 should be IMMEDIATELY RETURNED TO Noble Wendell Brown-EI WITHOUT DELAY

6 Noble Wendell Brown-EI has suffered considerable grief and hardship due to violations of the FAIR CREDIT REPORTING LAWS SUSPENSION OF DRIVING PRIVLlGES AND FRAUDULENT CONFISCATION OF FUNDS by the INDIANA DEPARTMENT OF CHILD SERVICES CHILD SUPPORT BUREAU and the MARION COUNTY CLERKS OFFICE

~) _ ~~lUIlY submitted

~51 CERTIFICATE OF SERVICE

I hereby certify tha~COpy of this filing and its attachments have been served upon the following persons of record by my hand this day of December 2011

MARION COUNTY PROSECUTOR OFFICE INDIANA DEPT OF CHILD SERVICES MARION COUNTY CLERKS OFFICE CHILD SUPPORT DIVISION 302 W WASHINGTON ST RME306 200 E WASHINGTON ST STE Wl22 251 E OHIO ST STE 700 INDIANAPOLIS INDIANA 46204 INDIANAPOllS~d 46204

Noble Wendell Brown-EI in propria persona

~L

~~~~~~ -iJ) ~()J J ~J~L P4TTYMOlUQ

FlNAN~l bull~ S ~cV ~~~ 0 _~~YIANAGElAt-tRION CO(Jrry

2DQ E WAslilNGto~~EIU(s OFFICe ~~amp~ ~siu-462 0bull - ~

04 11)(017 W]JJSI1 EAfIL- ) J17]89)

JnciYltCIetc POOI7JilldylO j0~9 ~

_middot middot J ~E )middoti i ~ S ~- ~ ~ tJ1 ~ ~n~ r~

WENDELL L BROWN JPMorgan Chabullbull Bank 1012 rio 1 3 W 29TH STREET INDIANAPCUS IN O-OOC)(INDIANAPOLIS IN (46208) 0140

REFERENCE I AMOUNT75WW 4696751 0513112011 1012 $ 2000000

PAY TWENTY-THOUSAND AND 001100 Dollars

TO THE MARION CO CLERK ~ scry -I included DIII~ on badlt

ORDER MARION COUNTY CLERKS OFFICE OF 200 E WASHINGTON ST SUITE W1~

INDIANAPOLIS IN 46204 WENDELL L BROWN

AUTHORIZED REPRESENTATIVE MEMO ELECTRONIC FUNDS TRANSFER ONLY WITHOUT PREJUDICE uee 1-207

~ 2000000~

- -- - - - -- - ---

- - -- - ---- - - -- - --

bull Payment History Detail a User 10 1097MWH From 11242008 To 91261201

AP Name BROWN WENDELL L Cause No 49C010403JP0599 CP Name DAVIDSON TONI E Case No 0004696751

- Current Case Type MANG

IV-A IIV-E I CAT I SEQ 1032396689 IADCR02 File No = 4696751

IV-A IIV-E Close Date 43012011 Account Status RLSE IV-A IIV-E Open Date 312011 Arrears 2011

CHLD NADCA 11242008 12312099 w 11 671 00 --shy - - - - - - - - - - --shy - - ---shyPAYMENT HISTORY

Payment Period of Order Amount Amount Due Amount Paid From To Freq Day Periods ($) ($) ($)

11242008 11242008 W Fr 1 1289600 1289600 11252008 12412008 W Fr 1 000 000 1252008 12312008 W Fr 4 5200 20800 OO~

00

112009 121312009 W Fr 52 5200 270400 41370 112010 121312010 W Fr 53 5200 275600 7990 112011 9102011 W Fr -_ 36 5200 187200 000

147 2043600 49360

Net ISETS Adjustments for Period ($) 000 All individual adjustments may not be listed

Total reflects all for the period requested

EXTERNAL ADJUSTMENT Date Reason Amount ($)

11242008 Per judgment arrears set at $12896810 is $521wk effectIve 121508 000 Judgment was set aside 112110 and reinstated 325110 to be effective

to the original judgment date

Net External Adjustments for Period 000

SUPPORT RECORD SUMMARY Total Due ($) 2043600 Total Paid ($) (493600)

Net External Adjustments ($) 000

TOTAL ARREARS BALANCE ($) 1550000

Tuesday September 171011 Page 1 of1

W-122

PATTY MORRIS dba FINANCE MANAGER MARION COUNTY CLERK 200 E WASHINGTON STREET

INDIANAPOUS IN 46204 317-327-4362

RE CHECK 1012

In our phone conversation you stated that my check (1012) was not valid and that you would not accept any checks from me in the future According to House Joint Resolution 192 signed June 5 1933 and Title 31 USc 5118 the clerk as an officer of the court cannot demand payment In SPECIES and MUST accept my private checks and the bank must process them If my check (1012) was not valid pursuant to Uniform Commercial Code and Fair Trade and Credit laws I have a right to demand the retum of the actual check

You have fIVe (5) business days from the receipt of this letter to respond by either retuming my check (1012) to me or issue me a check for $20000 or you may respond with a notice of a PAYMENT IN FUll for all child support arrearages and distribute those funds accordingly

A lack of response or a response other than the options given above fro the Marion County Clerks Office will be construed as a tacit admission of fraud and violations of the following statutes and codes of the State of Indiana and the United States of America

bull Indiana Code TItle 26-1-31-104

bull Indiana Code TItle 31-16-9-1

bull Indiana Code TItle 31-16-9-2

bull House Joint Resolution 192 signed June 5 1933

bull Title 31 USC 5118

bull USC TItle 18 I 1 4 Misprision of Felony Whoever having knowledge of the actual commission of a felony cognizable by a court of the United States conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States shall be fined under this title or imprisoned not more than three years or both

bull United States Statutes at large TItle LXX-CRIMES-- CH 4 CRIMES AGAINST JUSTICE (Destroying ampc public records) SEC 5403 Every person who willfully destroys or attempts to destroy or with intent to steal or destroy takes and carries away any record paper or proceeding of a court of justice filed or deposited with any clerk or officer of such court or any paper or document or record filed or deposited in any public office or with any judicial or public officer shall without reference to the value of the record paper document or proceeding so taken pay a fine of not more than two thousand dollars or suffer imprisonment at hard labor not more than three years or both [See sect sect 5408541154121

bull United States Statutes at large Title LXX--CRIMES-- CH 4 CRIMES AGAINST JUSTICE (Conspiracy to defeat enforcement of the laws) SEC 5407 If two or more persons in any State or Territory conspire for the purpose of impeding hindering obstructing or defeating in any manner the due course of justice in any State or Territory with intent to deny

(oy t~ ~~yY

to any citizen the equal protection of the laws or to injure him or his property for lawfully enforcing or attempting to enforce the right of any person or class of persons to the equal protection of the laws each of such persons shall be punished by a fine of not less than five hundred nor more than five thousand dollars or by imprisonment with or without hard labor not less than six months nor more than six years or by both such fine and imprisonment See sect sect 1977-1991 20042010 5506-55101

bull United States Statutes at large TItle lXX---CRIMES-- CH 4 CRIMES AGAINST JUSTICE (Destroying record by officer in charge) SEC 5408 Every officer having the custody of any record document paper or proceeding specified in section fifty-four hundred and three who fraudulently takes away or withdraws or destroys any such record document paper or proceeding filed in his office or deposited with him or in his custody shall pay a fine of not more than two thousand dollars or suffer imprisonment at hard labor not more than three years or both- and shall moreover forfeit his office and be forever afterward disqualified from holding any office under the Government of the United States

Any responses from the Marion County Clerks office will only be accepted under penalty of perjury If I have not received a written response within the allotted time I will be forced to initiate legal proceedings

WENDElll BROWN AUTHORIZED SIGNATURE WITHOUT PREJUDICE Ucc 1-207

co 1443 W 29TH INDIANAPOLIS IN [46208)

CERTIFICATE OF SERVICE

I certify that a copy of the foregoing has been served upon the Marion County Clerks Office at 200 E Washington Suite

(9~ day of JvpoundW122 Indianapolis Indiana 46204 by my hand on this 2011

WENDELL L BROWN AUTHORIZED SIGNATURE WITHOUT PREJUDICE UCC 1-207

Jurat

Marion county ss

Indiana state

Subscribed and affirmed before me this __ day for the _______ month In the year Two Thousand and Eleven AD

Notary Seal

Address of Notary ____________

My Notary Expires _________

----------

Mitchell E Daniels Jr Governor James W Payne Director

Indiana Department of Child Services Office of General Counsel-Hearings and Appeals

Room E306 - MS47 302 W Washington Street

Indianapolis Indiana 46204-2739 FILED (OR RECEIVED) INDIANA DEPARTMENT 317-234-5784

FAX 317-234-4497 OCT 1 2 2011 wwwin govdcs

OF CHILD SERVICES Child Support KidsLine 800-840-8757 HEARINGS amp APPEALS

Child Abuse and Neglect Hotline 800-800-5556

NOTICE OF HEARING DECISION-LICENSE PRIVLEGES BUREAU OF MOTOR VEHICLEIDEPARTMENT OF NATURAL RESOURCES

APPELLANT Wendell Brown CUSTODIAL PARENT Toni Davidson CASE NUMBER CS-49-4696751-LS DATE OF HEARING October 122011

This matter came before the Administrative Law Judge (ALJ) based upon a written request for an appeal by the above listed Appellant obligor ofa Notice ofIntent to Suspend License Type of License Bureau of Motor Vehicles (BMV) and Department of Natural Resources (DNR) The Appellant obligor appeared in person andor by counsel The Indiana Department of Child Services Child Support Bureau (DCS-CSB) appeared by its representative

Witnesses having been sworn and evidence having been heard the following decision pursuant to Ie 31-25-4-32 is made

The individual listed as Appellant obligor in the above referenced case and the individual testifying at the hearing are one and the same The Appellant has an obligation to pay support for the benefit of Appellants minor child The Appellant is in arrears in an amount which is at least two thousand dollars ($200000) or three (3) months past due in Appellants child support obligation The Appellant has not paid the child support arrearage andor has not established a payment plan to pay the arrearage which includes an income withholding order

The Appellant has not successfully contested the basis for the issuance of an order suspending the Appellants Driving Privileges The DCS-CSB shall issue an order to the Bureau of Motor Vehicles to suspend the Appellants driving privileges

Page 1 of2

Children thrive in safe caring supportive families and communities

APPELLANT Wendell Brown CASE NO CS-49-4696751-LS

The Appellant has not successfully contested the basis for the issuance of an order suspending the Appellants DNR license privileges The DCS-CSB shall issue an order to the Department of Natural Resources to suspend the Appel1ants DNR license privileges

So ordered October 122011

~J)--~~J~Dawn Wilson Administrative Law Judge Indiana Department of Child Services

APPEAL RIGHTS ALL PARTIES HAVE THESE APPEAL RIGHTS

This is the final action of the Agency No further ~onsideration of this matter will be available through the Indiana Department of Child Services If you are the Appellant in this matter and are dissatisfied with this final Agency action you may ask that a court review the matter This is a process called judicial review If you choose to file a petition for judicial review it must be filed within thirty (30) days after the date of this notice Since this involves filing a legal petition with the appropriate court as well as other specific requirements it is advisable (but not required) to have legal representation or help However the Indiana Department of Child Services cannot provide or pay for this representation nor can the agency assist beyond the general information provided here More detailed information on this process can be found in statutory law at Indiana Code 4-215-5 Please be advised that Indiana Rule of Trial Procedure 5(G) and Indiana Administrative Rule 9(G) may apply

Distribution Appellant DCS-CSB (Fitzgerald Shantai Pace-JohnsonDonna HousePaula Wilkins)

Children thrive in safe caring supportive families and communities Page 2 of2

Page 2: Motion to Compel The Release Of Funds

1 Noble Wendell Brown-EI has a receipt for $20000 that was delivered to the MARION COUNTY CLERKS OFFICE on May 31 2011 In violation of IC 31-16-9-1(b)(3) the MARION COUNTY CLERKS OFFICE has not remitted the ANY of the funds to Toni Davidson That receipt has been included in this filing

2 In violation of IC 31-16-9-2(a)(1)(2) the MARION COUNTY CLERKS OFFICE has not properly maintained the records showing that Noble Wendell Brown-EI made a $20000 payment or the date the payment was made A copy of the Payment History Detail from 112408 to 92611 showing the lack of a payment entry showing the $20000 payment or date of the payment has been included in this filing

3 The lack of ANY response from the MARION COUNTY CLERKS OFFICE to a letter delivered to the MARION COUNTY CLERKS on June 28 2011 was construed as a TACIT ADMISSION OF FELONY FRAUD and VIOLATIONS OF STATE AND FEDERAL STATUTES on July 5 2011 The MARION COUNTY CLERKS OFFICE still has not responded to the letter A copy of that letter is included in this filing

4 On October 12 2011 Noble Wendell Brown-EI was COERCED through THREAT OF LICENSE SUSPENSION to REQUEST an ADMINISTRATIVE HEARING that was held to determine if his DRIVERS LICENCE would be suspended for child support arrearages The ADMISSION OF FELONY FRAUD from the MARION COUNTY CLERKS OFFICE was presented to the court along with the receipt for the payment of $20000 to the MARION COUNTY CLERKS OFFICE Due to the LACK OF ACTION and the suspension of Noble Wendell Brown-EIs driving privileges by the INDIANA DEPARTMENT OF CHILD SERVICES CHILD SUPPORT BUREAU after having knowledge of the commission of a FELONY FRAUD the INDIANA DEPARTMENT OF CHILD SERVICES CHILD SUPPORT BUREAU is in violation of United States Code Title 18(1)(1)(4) MISPRISION OF FELONY and United States Statutes at Large Title LXX CH4 SEC5407(Conspiracy to defeat enforcement of the laws) A copy of the administrative courts decision has been included with this filing

5 Noble Wendell Brown-EI does not have any type of verbal OR written contract with TONI DAVIDSON MARION COUNTY CLERKS OFFICE or INDIANA DEPARTMENT OF CHILD SERVICES CHILD SUPPORT BUREAU or any other agency that says he owed or owes anything Therefore the $24936 as well as INTEREST and any other funds that were FRAUDULENTLY CONFISCATED by the INDIANA DEPARTMENT OF CHILD SERVICES CHILD SUPPORT BUREAU and MARION COUNTY CLERKS OFFICE since 112408 should be IMMEDIATELY RETURNED TO Noble Wendell Brown-EI WITHOUT DELAY

6 Noble Wendell Brown-EI has suffered considerable grief and hardship due to violations of the FAIR CREDIT REPORTING LAWS SUSPENSION OF DRIVING PRIVLlGES AND FRAUDULENT CONFISCATION OF FUNDS by the INDIANA DEPARTMENT OF CHILD SERVICES CHILD SUPPORT BUREAU and the MARION COUNTY CLERKS OFFICE

~) _ ~~lUIlY submitted

~51 CERTIFICATE OF SERVICE

I hereby certify tha~COpy of this filing and its attachments have been served upon the following persons of record by my hand this day of December 2011

MARION COUNTY PROSECUTOR OFFICE INDIANA DEPT OF CHILD SERVICES MARION COUNTY CLERKS OFFICE CHILD SUPPORT DIVISION 302 W WASHINGTON ST RME306 200 E WASHINGTON ST STE Wl22 251 E OHIO ST STE 700 INDIANAPOLIS INDIANA 46204 INDIANAPOllS~d 46204

Noble Wendell Brown-EI in propria persona

~L

~~~~~~ -iJ) ~()J J ~J~L P4TTYMOlUQ

FlNAN~l bull~ S ~cV ~~~ 0 _~~YIANAGElAt-tRION CO(Jrry

2DQ E WAslilNGto~~EIU(s OFFICe ~~amp~ ~siu-462 0bull - ~

04 11)(017 W]JJSI1 EAfIL- ) J17]89)

JnciYltCIetc POOI7JilldylO j0~9 ~

_middot middot J ~E )middoti i ~ S ~- ~ ~ tJ1 ~ ~n~ r~

WENDELL L BROWN JPMorgan Chabullbull Bank 1012 rio 1 3 W 29TH STREET INDIANAPCUS IN O-OOC)(INDIANAPOLIS IN (46208) 0140

REFERENCE I AMOUNT75WW 4696751 0513112011 1012 $ 2000000

PAY TWENTY-THOUSAND AND 001100 Dollars

TO THE MARION CO CLERK ~ scry -I included DIII~ on badlt

ORDER MARION COUNTY CLERKS OFFICE OF 200 E WASHINGTON ST SUITE W1~

INDIANAPOLIS IN 46204 WENDELL L BROWN

AUTHORIZED REPRESENTATIVE MEMO ELECTRONIC FUNDS TRANSFER ONLY WITHOUT PREJUDICE uee 1-207

~ 2000000~

- -- - - - -- - ---

- - -- - ---- - - -- - --

bull Payment History Detail a User 10 1097MWH From 11242008 To 91261201

AP Name BROWN WENDELL L Cause No 49C010403JP0599 CP Name DAVIDSON TONI E Case No 0004696751

- Current Case Type MANG

IV-A IIV-E I CAT I SEQ 1032396689 IADCR02 File No = 4696751

IV-A IIV-E Close Date 43012011 Account Status RLSE IV-A IIV-E Open Date 312011 Arrears 2011

CHLD NADCA 11242008 12312099 w 11 671 00 --shy - - - - - - - - - - --shy - - ---shyPAYMENT HISTORY

Payment Period of Order Amount Amount Due Amount Paid From To Freq Day Periods ($) ($) ($)

11242008 11242008 W Fr 1 1289600 1289600 11252008 12412008 W Fr 1 000 000 1252008 12312008 W Fr 4 5200 20800 OO~

00

112009 121312009 W Fr 52 5200 270400 41370 112010 121312010 W Fr 53 5200 275600 7990 112011 9102011 W Fr -_ 36 5200 187200 000

147 2043600 49360

Net ISETS Adjustments for Period ($) 000 All individual adjustments may not be listed

Total reflects all for the period requested

EXTERNAL ADJUSTMENT Date Reason Amount ($)

11242008 Per judgment arrears set at $12896810 is $521wk effectIve 121508 000 Judgment was set aside 112110 and reinstated 325110 to be effective

to the original judgment date

Net External Adjustments for Period 000

SUPPORT RECORD SUMMARY Total Due ($) 2043600 Total Paid ($) (493600)

Net External Adjustments ($) 000

TOTAL ARREARS BALANCE ($) 1550000

Tuesday September 171011 Page 1 of1

W-122

PATTY MORRIS dba FINANCE MANAGER MARION COUNTY CLERK 200 E WASHINGTON STREET

INDIANAPOUS IN 46204 317-327-4362

RE CHECK 1012

In our phone conversation you stated that my check (1012) was not valid and that you would not accept any checks from me in the future According to House Joint Resolution 192 signed June 5 1933 and Title 31 USc 5118 the clerk as an officer of the court cannot demand payment In SPECIES and MUST accept my private checks and the bank must process them If my check (1012) was not valid pursuant to Uniform Commercial Code and Fair Trade and Credit laws I have a right to demand the retum of the actual check

You have fIVe (5) business days from the receipt of this letter to respond by either retuming my check (1012) to me or issue me a check for $20000 or you may respond with a notice of a PAYMENT IN FUll for all child support arrearages and distribute those funds accordingly

A lack of response or a response other than the options given above fro the Marion County Clerks Office will be construed as a tacit admission of fraud and violations of the following statutes and codes of the State of Indiana and the United States of America

bull Indiana Code TItle 26-1-31-104

bull Indiana Code TItle 31-16-9-1

bull Indiana Code TItle 31-16-9-2

bull House Joint Resolution 192 signed June 5 1933

bull Title 31 USC 5118

bull USC TItle 18 I 1 4 Misprision of Felony Whoever having knowledge of the actual commission of a felony cognizable by a court of the United States conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States shall be fined under this title or imprisoned not more than three years or both

bull United States Statutes at large TItle LXX-CRIMES-- CH 4 CRIMES AGAINST JUSTICE (Destroying ampc public records) SEC 5403 Every person who willfully destroys or attempts to destroy or with intent to steal or destroy takes and carries away any record paper or proceeding of a court of justice filed or deposited with any clerk or officer of such court or any paper or document or record filed or deposited in any public office or with any judicial or public officer shall without reference to the value of the record paper document or proceeding so taken pay a fine of not more than two thousand dollars or suffer imprisonment at hard labor not more than three years or both [See sect sect 5408541154121

bull United States Statutes at large Title LXX--CRIMES-- CH 4 CRIMES AGAINST JUSTICE (Conspiracy to defeat enforcement of the laws) SEC 5407 If two or more persons in any State or Territory conspire for the purpose of impeding hindering obstructing or defeating in any manner the due course of justice in any State or Territory with intent to deny

(oy t~ ~~yY

to any citizen the equal protection of the laws or to injure him or his property for lawfully enforcing or attempting to enforce the right of any person or class of persons to the equal protection of the laws each of such persons shall be punished by a fine of not less than five hundred nor more than five thousand dollars or by imprisonment with or without hard labor not less than six months nor more than six years or by both such fine and imprisonment See sect sect 1977-1991 20042010 5506-55101

bull United States Statutes at large TItle lXX---CRIMES-- CH 4 CRIMES AGAINST JUSTICE (Destroying record by officer in charge) SEC 5408 Every officer having the custody of any record document paper or proceeding specified in section fifty-four hundred and three who fraudulently takes away or withdraws or destroys any such record document paper or proceeding filed in his office or deposited with him or in his custody shall pay a fine of not more than two thousand dollars or suffer imprisonment at hard labor not more than three years or both- and shall moreover forfeit his office and be forever afterward disqualified from holding any office under the Government of the United States

Any responses from the Marion County Clerks office will only be accepted under penalty of perjury If I have not received a written response within the allotted time I will be forced to initiate legal proceedings

WENDElll BROWN AUTHORIZED SIGNATURE WITHOUT PREJUDICE Ucc 1-207

co 1443 W 29TH INDIANAPOLIS IN [46208)

CERTIFICATE OF SERVICE

I certify that a copy of the foregoing has been served upon the Marion County Clerks Office at 200 E Washington Suite

(9~ day of JvpoundW122 Indianapolis Indiana 46204 by my hand on this 2011

WENDELL L BROWN AUTHORIZED SIGNATURE WITHOUT PREJUDICE UCC 1-207

Jurat

Marion county ss

Indiana state

Subscribed and affirmed before me this __ day for the _______ month In the year Two Thousand and Eleven AD

Notary Seal

Address of Notary ____________

My Notary Expires _________

----------

Mitchell E Daniels Jr Governor James W Payne Director

Indiana Department of Child Services Office of General Counsel-Hearings and Appeals

Room E306 - MS47 302 W Washington Street

Indianapolis Indiana 46204-2739 FILED (OR RECEIVED) INDIANA DEPARTMENT 317-234-5784

FAX 317-234-4497 OCT 1 2 2011 wwwin govdcs

OF CHILD SERVICES Child Support KidsLine 800-840-8757 HEARINGS amp APPEALS

Child Abuse and Neglect Hotline 800-800-5556

NOTICE OF HEARING DECISION-LICENSE PRIVLEGES BUREAU OF MOTOR VEHICLEIDEPARTMENT OF NATURAL RESOURCES

APPELLANT Wendell Brown CUSTODIAL PARENT Toni Davidson CASE NUMBER CS-49-4696751-LS DATE OF HEARING October 122011

This matter came before the Administrative Law Judge (ALJ) based upon a written request for an appeal by the above listed Appellant obligor ofa Notice ofIntent to Suspend License Type of License Bureau of Motor Vehicles (BMV) and Department of Natural Resources (DNR) The Appellant obligor appeared in person andor by counsel The Indiana Department of Child Services Child Support Bureau (DCS-CSB) appeared by its representative

Witnesses having been sworn and evidence having been heard the following decision pursuant to Ie 31-25-4-32 is made

The individual listed as Appellant obligor in the above referenced case and the individual testifying at the hearing are one and the same The Appellant has an obligation to pay support for the benefit of Appellants minor child The Appellant is in arrears in an amount which is at least two thousand dollars ($200000) or three (3) months past due in Appellants child support obligation The Appellant has not paid the child support arrearage andor has not established a payment plan to pay the arrearage which includes an income withholding order

The Appellant has not successfully contested the basis for the issuance of an order suspending the Appellants Driving Privileges The DCS-CSB shall issue an order to the Bureau of Motor Vehicles to suspend the Appellants driving privileges

Page 1 of2

Children thrive in safe caring supportive families and communities

APPELLANT Wendell Brown CASE NO CS-49-4696751-LS

The Appellant has not successfully contested the basis for the issuance of an order suspending the Appellants DNR license privileges The DCS-CSB shall issue an order to the Department of Natural Resources to suspend the Appel1ants DNR license privileges

So ordered October 122011

~J)--~~J~Dawn Wilson Administrative Law Judge Indiana Department of Child Services

APPEAL RIGHTS ALL PARTIES HAVE THESE APPEAL RIGHTS

This is the final action of the Agency No further ~onsideration of this matter will be available through the Indiana Department of Child Services If you are the Appellant in this matter and are dissatisfied with this final Agency action you may ask that a court review the matter This is a process called judicial review If you choose to file a petition for judicial review it must be filed within thirty (30) days after the date of this notice Since this involves filing a legal petition with the appropriate court as well as other specific requirements it is advisable (but not required) to have legal representation or help However the Indiana Department of Child Services cannot provide or pay for this representation nor can the agency assist beyond the general information provided here More detailed information on this process can be found in statutory law at Indiana Code 4-215-5 Please be advised that Indiana Rule of Trial Procedure 5(G) and Indiana Administrative Rule 9(G) may apply

Distribution Appellant DCS-CSB (Fitzgerald Shantai Pace-JohnsonDonna HousePaula Wilkins)

Children thrive in safe caring supportive families and communities Page 2 of2

Page 3: Motion to Compel The Release Of Funds

~L

~~~~~~ -iJ) ~()J J ~J~L P4TTYMOlUQ

FlNAN~l bull~ S ~cV ~~~ 0 _~~YIANAGElAt-tRION CO(Jrry

2DQ E WAslilNGto~~EIU(s OFFICe ~~amp~ ~siu-462 0bull - ~

04 11)(017 W]JJSI1 EAfIL- ) J17]89)

JnciYltCIetc POOI7JilldylO j0~9 ~

_middot middot J ~E )middoti i ~ S ~- ~ ~ tJ1 ~ ~n~ r~

WENDELL L BROWN JPMorgan Chabullbull Bank 1012 rio 1 3 W 29TH STREET INDIANAPCUS IN O-OOC)(INDIANAPOLIS IN (46208) 0140

REFERENCE I AMOUNT75WW 4696751 0513112011 1012 $ 2000000

PAY TWENTY-THOUSAND AND 001100 Dollars

TO THE MARION CO CLERK ~ scry -I included DIII~ on badlt

ORDER MARION COUNTY CLERKS OFFICE OF 200 E WASHINGTON ST SUITE W1~

INDIANAPOLIS IN 46204 WENDELL L BROWN

AUTHORIZED REPRESENTATIVE MEMO ELECTRONIC FUNDS TRANSFER ONLY WITHOUT PREJUDICE uee 1-207

~ 2000000~

- -- - - - -- - ---

- - -- - ---- - - -- - --

bull Payment History Detail a User 10 1097MWH From 11242008 To 91261201

AP Name BROWN WENDELL L Cause No 49C010403JP0599 CP Name DAVIDSON TONI E Case No 0004696751

- Current Case Type MANG

IV-A IIV-E I CAT I SEQ 1032396689 IADCR02 File No = 4696751

IV-A IIV-E Close Date 43012011 Account Status RLSE IV-A IIV-E Open Date 312011 Arrears 2011

CHLD NADCA 11242008 12312099 w 11 671 00 --shy - - - - - - - - - - --shy - - ---shyPAYMENT HISTORY

Payment Period of Order Amount Amount Due Amount Paid From To Freq Day Periods ($) ($) ($)

11242008 11242008 W Fr 1 1289600 1289600 11252008 12412008 W Fr 1 000 000 1252008 12312008 W Fr 4 5200 20800 OO~

00

112009 121312009 W Fr 52 5200 270400 41370 112010 121312010 W Fr 53 5200 275600 7990 112011 9102011 W Fr -_ 36 5200 187200 000

147 2043600 49360

Net ISETS Adjustments for Period ($) 000 All individual adjustments may not be listed

Total reflects all for the period requested

EXTERNAL ADJUSTMENT Date Reason Amount ($)

11242008 Per judgment arrears set at $12896810 is $521wk effectIve 121508 000 Judgment was set aside 112110 and reinstated 325110 to be effective

to the original judgment date

Net External Adjustments for Period 000

SUPPORT RECORD SUMMARY Total Due ($) 2043600 Total Paid ($) (493600)

Net External Adjustments ($) 000

TOTAL ARREARS BALANCE ($) 1550000

Tuesday September 171011 Page 1 of1

W-122

PATTY MORRIS dba FINANCE MANAGER MARION COUNTY CLERK 200 E WASHINGTON STREET

INDIANAPOUS IN 46204 317-327-4362

RE CHECK 1012

In our phone conversation you stated that my check (1012) was not valid and that you would not accept any checks from me in the future According to House Joint Resolution 192 signed June 5 1933 and Title 31 USc 5118 the clerk as an officer of the court cannot demand payment In SPECIES and MUST accept my private checks and the bank must process them If my check (1012) was not valid pursuant to Uniform Commercial Code and Fair Trade and Credit laws I have a right to demand the retum of the actual check

You have fIVe (5) business days from the receipt of this letter to respond by either retuming my check (1012) to me or issue me a check for $20000 or you may respond with a notice of a PAYMENT IN FUll for all child support arrearages and distribute those funds accordingly

A lack of response or a response other than the options given above fro the Marion County Clerks Office will be construed as a tacit admission of fraud and violations of the following statutes and codes of the State of Indiana and the United States of America

bull Indiana Code TItle 26-1-31-104

bull Indiana Code TItle 31-16-9-1

bull Indiana Code TItle 31-16-9-2

bull House Joint Resolution 192 signed June 5 1933

bull Title 31 USC 5118

bull USC TItle 18 I 1 4 Misprision of Felony Whoever having knowledge of the actual commission of a felony cognizable by a court of the United States conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States shall be fined under this title or imprisoned not more than three years or both

bull United States Statutes at large TItle LXX-CRIMES-- CH 4 CRIMES AGAINST JUSTICE (Destroying ampc public records) SEC 5403 Every person who willfully destroys or attempts to destroy or with intent to steal or destroy takes and carries away any record paper or proceeding of a court of justice filed or deposited with any clerk or officer of such court or any paper or document or record filed or deposited in any public office or with any judicial or public officer shall without reference to the value of the record paper document or proceeding so taken pay a fine of not more than two thousand dollars or suffer imprisonment at hard labor not more than three years or both [See sect sect 5408541154121

bull United States Statutes at large Title LXX--CRIMES-- CH 4 CRIMES AGAINST JUSTICE (Conspiracy to defeat enforcement of the laws) SEC 5407 If two or more persons in any State or Territory conspire for the purpose of impeding hindering obstructing or defeating in any manner the due course of justice in any State or Territory with intent to deny

(oy t~ ~~yY

to any citizen the equal protection of the laws or to injure him or his property for lawfully enforcing or attempting to enforce the right of any person or class of persons to the equal protection of the laws each of such persons shall be punished by a fine of not less than five hundred nor more than five thousand dollars or by imprisonment with or without hard labor not less than six months nor more than six years or by both such fine and imprisonment See sect sect 1977-1991 20042010 5506-55101

bull United States Statutes at large TItle lXX---CRIMES-- CH 4 CRIMES AGAINST JUSTICE (Destroying record by officer in charge) SEC 5408 Every officer having the custody of any record document paper or proceeding specified in section fifty-four hundred and three who fraudulently takes away or withdraws or destroys any such record document paper or proceeding filed in his office or deposited with him or in his custody shall pay a fine of not more than two thousand dollars or suffer imprisonment at hard labor not more than three years or both- and shall moreover forfeit his office and be forever afterward disqualified from holding any office under the Government of the United States

Any responses from the Marion County Clerks office will only be accepted under penalty of perjury If I have not received a written response within the allotted time I will be forced to initiate legal proceedings

WENDElll BROWN AUTHORIZED SIGNATURE WITHOUT PREJUDICE Ucc 1-207

co 1443 W 29TH INDIANAPOLIS IN [46208)

CERTIFICATE OF SERVICE

I certify that a copy of the foregoing has been served upon the Marion County Clerks Office at 200 E Washington Suite

(9~ day of JvpoundW122 Indianapolis Indiana 46204 by my hand on this 2011

WENDELL L BROWN AUTHORIZED SIGNATURE WITHOUT PREJUDICE UCC 1-207

Jurat

Marion county ss

Indiana state

Subscribed and affirmed before me this __ day for the _______ month In the year Two Thousand and Eleven AD

Notary Seal

Address of Notary ____________

My Notary Expires _________

----------

Mitchell E Daniels Jr Governor James W Payne Director

Indiana Department of Child Services Office of General Counsel-Hearings and Appeals

Room E306 - MS47 302 W Washington Street

Indianapolis Indiana 46204-2739 FILED (OR RECEIVED) INDIANA DEPARTMENT 317-234-5784

FAX 317-234-4497 OCT 1 2 2011 wwwin govdcs

OF CHILD SERVICES Child Support KidsLine 800-840-8757 HEARINGS amp APPEALS

Child Abuse and Neglect Hotline 800-800-5556

NOTICE OF HEARING DECISION-LICENSE PRIVLEGES BUREAU OF MOTOR VEHICLEIDEPARTMENT OF NATURAL RESOURCES

APPELLANT Wendell Brown CUSTODIAL PARENT Toni Davidson CASE NUMBER CS-49-4696751-LS DATE OF HEARING October 122011

This matter came before the Administrative Law Judge (ALJ) based upon a written request for an appeal by the above listed Appellant obligor ofa Notice ofIntent to Suspend License Type of License Bureau of Motor Vehicles (BMV) and Department of Natural Resources (DNR) The Appellant obligor appeared in person andor by counsel The Indiana Department of Child Services Child Support Bureau (DCS-CSB) appeared by its representative

Witnesses having been sworn and evidence having been heard the following decision pursuant to Ie 31-25-4-32 is made

The individual listed as Appellant obligor in the above referenced case and the individual testifying at the hearing are one and the same The Appellant has an obligation to pay support for the benefit of Appellants minor child The Appellant is in arrears in an amount which is at least two thousand dollars ($200000) or three (3) months past due in Appellants child support obligation The Appellant has not paid the child support arrearage andor has not established a payment plan to pay the arrearage which includes an income withholding order

The Appellant has not successfully contested the basis for the issuance of an order suspending the Appellants Driving Privileges The DCS-CSB shall issue an order to the Bureau of Motor Vehicles to suspend the Appellants driving privileges

Page 1 of2

Children thrive in safe caring supportive families and communities

APPELLANT Wendell Brown CASE NO CS-49-4696751-LS

The Appellant has not successfully contested the basis for the issuance of an order suspending the Appellants DNR license privileges The DCS-CSB shall issue an order to the Department of Natural Resources to suspend the Appel1ants DNR license privileges

So ordered October 122011

~J)--~~J~Dawn Wilson Administrative Law Judge Indiana Department of Child Services

APPEAL RIGHTS ALL PARTIES HAVE THESE APPEAL RIGHTS

This is the final action of the Agency No further ~onsideration of this matter will be available through the Indiana Department of Child Services If you are the Appellant in this matter and are dissatisfied with this final Agency action you may ask that a court review the matter This is a process called judicial review If you choose to file a petition for judicial review it must be filed within thirty (30) days after the date of this notice Since this involves filing a legal petition with the appropriate court as well as other specific requirements it is advisable (but not required) to have legal representation or help However the Indiana Department of Child Services cannot provide or pay for this representation nor can the agency assist beyond the general information provided here More detailed information on this process can be found in statutory law at Indiana Code 4-215-5 Please be advised that Indiana Rule of Trial Procedure 5(G) and Indiana Administrative Rule 9(G) may apply

Distribution Appellant DCS-CSB (Fitzgerald Shantai Pace-JohnsonDonna HousePaula Wilkins)

Children thrive in safe caring supportive families and communities Page 2 of2

Page 4: Motion to Compel The Release Of Funds

- -- - - - -- - ---

- - -- - ---- - - -- - --

bull Payment History Detail a User 10 1097MWH From 11242008 To 91261201

AP Name BROWN WENDELL L Cause No 49C010403JP0599 CP Name DAVIDSON TONI E Case No 0004696751

- Current Case Type MANG

IV-A IIV-E I CAT I SEQ 1032396689 IADCR02 File No = 4696751

IV-A IIV-E Close Date 43012011 Account Status RLSE IV-A IIV-E Open Date 312011 Arrears 2011

CHLD NADCA 11242008 12312099 w 11 671 00 --shy - - - - - - - - - - --shy - - ---shyPAYMENT HISTORY

Payment Period of Order Amount Amount Due Amount Paid From To Freq Day Periods ($) ($) ($)

11242008 11242008 W Fr 1 1289600 1289600 11252008 12412008 W Fr 1 000 000 1252008 12312008 W Fr 4 5200 20800 OO~

00

112009 121312009 W Fr 52 5200 270400 41370 112010 121312010 W Fr 53 5200 275600 7990 112011 9102011 W Fr -_ 36 5200 187200 000

147 2043600 49360

Net ISETS Adjustments for Period ($) 000 All individual adjustments may not be listed

Total reflects all for the period requested

EXTERNAL ADJUSTMENT Date Reason Amount ($)

11242008 Per judgment arrears set at $12896810 is $521wk effectIve 121508 000 Judgment was set aside 112110 and reinstated 325110 to be effective

to the original judgment date

Net External Adjustments for Period 000

SUPPORT RECORD SUMMARY Total Due ($) 2043600 Total Paid ($) (493600)

Net External Adjustments ($) 000

TOTAL ARREARS BALANCE ($) 1550000

Tuesday September 171011 Page 1 of1

W-122

PATTY MORRIS dba FINANCE MANAGER MARION COUNTY CLERK 200 E WASHINGTON STREET

INDIANAPOUS IN 46204 317-327-4362

RE CHECK 1012

In our phone conversation you stated that my check (1012) was not valid and that you would not accept any checks from me in the future According to House Joint Resolution 192 signed June 5 1933 and Title 31 USc 5118 the clerk as an officer of the court cannot demand payment In SPECIES and MUST accept my private checks and the bank must process them If my check (1012) was not valid pursuant to Uniform Commercial Code and Fair Trade and Credit laws I have a right to demand the retum of the actual check

You have fIVe (5) business days from the receipt of this letter to respond by either retuming my check (1012) to me or issue me a check for $20000 or you may respond with a notice of a PAYMENT IN FUll for all child support arrearages and distribute those funds accordingly

A lack of response or a response other than the options given above fro the Marion County Clerks Office will be construed as a tacit admission of fraud and violations of the following statutes and codes of the State of Indiana and the United States of America

bull Indiana Code TItle 26-1-31-104

bull Indiana Code TItle 31-16-9-1

bull Indiana Code TItle 31-16-9-2

bull House Joint Resolution 192 signed June 5 1933

bull Title 31 USC 5118

bull USC TItle 18 I 1 4 Misprision of Felony Whoever having knowledge of the actual commission of a felony cognizable by a court of the United States conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States shall be fined under this title or imprisoned not more than three years or both

bull United States Statutes at large TItle LXX-CRIMES-- CH 4 CRIMES AGAINST JUSTICE (Destroying ampc public records) SEC 5403 Every person who willfully destroys or attempts to destroy or with intent to steal or destroy takes and carries away any record paper or proceeding of a court of justice filed or deposited with any clerk or officer of such court or any paper or document or record filed or deposited in any public office or with any judicial or public officer shall without reference to the value of the record paper document or proceeding so taken pay a fine of not more than two thousand dollars or suffer imprisonment at hard labor not more than three years or both [See sect sect 5408541154121

bull United States Statutes at large Title LXX--CRIMES-- CH 4 CRIMES AGAINST JUSTICE (Conspiracy to defeat enforcement of the laws) SEC 5407 If two or more persons in any State or Territory conspire for the purpose of impeding hindering obstructing or defeating in any manner the due course of justice in any State or Territory with intent to deny

(oy t~ ~~yY

to any citizen the equal protection of the laws or to injure him or his property for lawfully enforcing or attempting to enforce the right of any person or class of persons to the equal protection of the laws each of such persons shall be punished by a fine of not less than five hundred nor more than five thousand dollars or by imprisonment with or without hard labor not less than six months nor more than six years or by both such fine and imprisonment See sect sect 1977-1991 20042010 5506-55101

bull United States Statutes at large TItle lXX---CRIMES-- CH 4 CRIMES AGAINST JUSTICE (Destroying record by officer in charge) SEC 5408 Every officer having the custody of any record document paper or proceeding specified in section fifty-four hundred and three who fraudulently takes away or withdraws or destroys any such record document paper or proceeding filed in his office or deposited with him or in his custody shall pay a fine of not more than two thousand dollars or suffer imprisonment at hard labor not more than three years or both- and shall moreover forfeit his office and be forever afterward disqualified from holding any office under the Government of the United States

Any responses from the Marion County Clerks office will only be accepted under penalty of perjury If I have not received a written response within the allotted time I will be forced to initiate legal proceedings

WENDElll BROWN AUTHORIZED SIGNATURE WITHOUT PREJUDICE Ucc 1-207

co 1443 W 29TH INDIANAPOLIS IN [46208)

CERTIFICATE OF SERVICE

I certify that a copy of the foregoing has been served upon the Marion County Clerks Office at 200 E Washington Suite

(9~ day of JvpoundW122 Indianapolis Indiana 46204 by my hand on this 2011

WENDELL L BROWN AUTHORIZED SIGNATURE WITHOUT PREJUDICE UCC 1-207

Jurat

Marion county ss

Indiana state

Subscribed and affirmed before me this __ day for the _______ month In the year Two Thousand and Eleven AD

Notary Seal

Address of Notary ____________

My Notary Expires _________

----------

Mitchell E Daniels Jr Governor James W Payne Director

Indiana Department of Child Services Office of General Counsel-Hearings and Appeals

Room E306 - MS47 302 W Washington Street

Indianapolis Indiana 46204-2739 FILED (OR RECEIVED) INDIANA DEPARTMENT 317-234-5784

FAX 317-234-4497 OCT 1 2 2011 wwwin govdcs

OF CHILD SERVICES Child Support KidsLine 800-840-8757 HEARINGS amp APPEALS

Child Abuse and Neglect Hotline 800-800-5556

NOTICE OF HEARING DECISION-LICENSE PRIVLEGES BUREAU OF MOTOR VEHICLEIDEPARTMENT OF NATURAL RESOURCES

APPELLANT Wendell Brown CUSTODIAL PARENT Toni Davidson CASE NUMBER CS-49-4696751-LS DATE OF HEARING October 122011

This matter came before the Administrative Law Judge (ALJ) based upon a written request for an appeal by the above listed Appellant obligor ofa Notice ofIntent to Suspend License Type of License Bureau of Motor Vehicles (BMV) and Department of Natural Resources (DNR) The Appellant obligor appeared in person andor by counsel The Indiana Department of Child Services Child Support Bureau (DCS-CSB) appeared by its representative

Witnesses having been sworn and evidence having been heard the following decision pursuant to Ie 31-25-4-32 is made

The individual listed as Appellant obligor in the above referenced case and the individual testifying at the hearing are one and the same The Appellant has an obligation to pay support for the benefit of Appellants minor child The Appellant is in arrears in an amount which is at least two thousand dollars ($200000) or three (3) months past due in Appellants child support obligation The Appellant has not paid the child support arrearage andor has not established a payment plan to pay the arrearage which includes an income withholding order

The Appellant has not successfully contested the basis for the issuance of an order suspending the Appellants Driving Privileges The DCS-CSB shall issue an order to the Bureau of Motor Vehicles to suspend the Appellants driving privileges

Page 1 of2

Children thrive in safe caring supportive families and communities

APPELLANT Wendell Brown CASE NO CS-49-4696751-LS

The Appellant has not successfully contested the basis for the issuance of an order suspending the Appellants DNR license privileges The DCS-CSB shall issue an order to the Department of Natural Resources to suspend the Appel1ants DNR license privileges

So ordered October 122011

~J)--~~J~Dawn Wilson Administrative Law Judge Indiana Department of Child Services

APPEAL RIGHTS ALL PARTIES HAVE THESE APPEAL RIGHTS

This is the final action of the Agency No further ~onsideration of this matter will be available through the Indiana Department of Child Services If you are the Appellant in this matter and are dissatisfied with this final Agency action you may ask that a court review the matter This is a process called judicial review If you choose to file a petition for judicial review it must be filed within thirty (30) days after the date of this notice Since this involves filing a legal petition with the appropriate court as well as other specific requirements it is advisable (but not required) to have legal representation or help However the Indiana Department of Child Services cannot provide or pay for this representation nor can the agency assist beyond the general information provided here More detailed information on this process can be found in statutory law at Indiana Code 4-215-5 Please be advised that Indiana Rule of Trial Procedure 5(G) and Indiana Administrative Rule 9(G) may apply

Distribution Appellant DCS-CSB (Fitzgerald Shantai Pace-JohnsonDonna HousePaula Wilkins)

Children thrive in safe caring supportive families and communities Page 2 of2

Page 5: Motion to Compel The Release Of Funds

W-122

PATTY MORRIS dba FINANCE MANAGER MARION COUNTY CLERK 200 E WASHINGTON STREET

INDIANAPOUS IN 46204 317-327-4362

RE CHECK 1012

In our phone conversation you stated that my check (1012) was not valid and that you would not accept any checks from me in the future According to House Joint Resolution 192 signed June 5 1933 and Title 31 USc 5118 the clerk as an officer of the court cannot demand payment In SPECIES and MUST accept my private checks and the bank must process them If my check (1012) was not valid pursuant to Uniform Commercial Code and Fair Trade and Credit laws I have a right to demand the retum of the actual check

You have fIVe (5) business days from the receipt of this letter to respond by either retuming my check (1012) to me or issue me a check for $20000 or you may respond with a notice of a PAYMENT IN FUll for all child support arrearages and distribute those funds accordingly

A lack of response or a response other than the options given above fro the Marion County Clerks Office will be construed as a tacit admission of fraud and violations of the following statutes and codes of the State of Indiana and the United States of America

bull Indiana Code TItle 26-1-31-104

bull Indiana Code TItle 31-16-9-1

bull Indiana Code TItle 31-16-9-2

bull House Joint Resolution 192 signed June 5 1933

bull Title 31 USC 5118

bull USC TItle 18 I 1 4 Misprision of Felony Whoever having knowledge of the actual commission of a felony cognizable by a court of the United States conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States shall be fined under this title or imprisoned not more than three years or both

bull United States Statutes at large TItle LXX-CRIMES-- CH 4 CRIMES AGAINST JUSTICE (Destroying ampc public records) SEC 5403 Every person who willfully destroys or attempts to destroy or with intent to steal or destroy takes and carries away any record paper or proceeding of a court of justice filed or deposited with any clerk or officer of such court or any paper or document or record filed or deposited in any public office or with any judicial or public officer shall without reference to the value of the record paper document or proceeding so taken pay a fine of not more than two thousand dollars or suffer imprisonment at hard labor not more than three years or both [See sect sect 5408541154121

bull United States Statutes at large Title LXX--CRIMES-- CH 4 CRIMES AGAINST JUSTICE (Conspiracy to defeat enforcement of the laws) SEC 5407 If two or more persons in any State or Territory conspire for the purpose of impeding hindering obstructing or defeating in any manner the due course of justice in any State or Territory with intent to deny

(oy t~ ~~yY

to any citizen the equal protection of the laws or to injure him or his property for lawfully enforcing or attempting to enforce the right of any person or class of persons to the equal protection of the laws each of such persons shall be punished by a fine of not less than five hundred nor more than five thousand dollars or by imprisonment with or without hard labor not less than six months nor more than six years or by both such fine and imprisonment See sect sect 1977-1991 20042010 5506-55101

bull United States Statutes at large TItle lXX---CRIMES-- CH 4 CRIMES AGAINST JUSTICE (Destroying record by officer in charge) SEC 5408 Every officer having the custody of any record document paper or proceeding specified in section fifty-four hundred and three who fraudulently takes away or withdraws or destroys any such record document paper or proceeding filed in his office or deposited with him or in his custody shall pay a fine of not more than two thousand dollars or suffer imprisonment at hard labor not more than three years or both- and shall moreover forfeit his office and be forever afterward disqualified from holding any office under the Government of the United States

Any responses from the Marion County Clerks office will only be accepted under penalty of perjury If I have not received a written response within the allotted time I will be forced to initiate legal proceedings

WENDElll BROWN AUTHORIZED SIGNATURE WITHOUT PREJUDICE Ucc 1-207

co 1443 W 29TH INDIANAPOLIS IN [46208)

CERTIFICATE OF SERVICE

I certify that a copy of the foregoing has been served upon the Marion County Clerks Office at 200 E Washington Suite

(9~ day of JvpoundW122 Indianapolis Indiana 46204 by my hand on this 2011

WENDELL L BROWN AUTHORIZED SIGNATURE WITHOUT PREJUDICE UCC 1-207

Jurat

Marion county ss

Indiana state

Subscribed and affirmed before me this __ day for the _______ month In the year Two Thousand and Eleven AD

Notary Seal

Address of Notary ____________

My Notary Expires _________

----------

Mitchell E Daniels Jr Governor James W Payne Director

Indiana Department of Child Services Office of General Counsel-Hearings and Appeals

Room E306 - MS47 302 W Washington Street

Indianapolis Indiana 46204-2739 FILED (OR RECEIVED) INDIANA DEPARTMENT 317-234-5784

FAX 317-234-4497 OCT 1 2 2011 wwwin govdcs

OF CHILD SERVICES Child Support KidsLine 800-840-8757 HEARINGS amp APPEALS

Child Abuse and Neglect Hotline 800-800-5556

NOTICE OF HEARING DECISION-LICENSE PRIVLEGES BUREAU OF MOTOR VEHICLEIDEPARTMENT OF NATURAL RESOURCES

APPELLANT Wendell Brown CUSTODIAL PARENT Toni Davidson CASE NUMBER CS-49-4696751-LS DATE OF HEARING October 122011

This matter came before the Administrative Law Judge (ALJ) based upon a written request for an appeal by the above listed Appellant obligor ofa Notice ofIntent to Suspend License Type of License Bureau of Motor Vehicles (BMV) and Department of Natural Resources (DNR) The Appellant obligor appeared in person andor by counsel The Indiana Department of Child Services Child Support Bureau (DCS-CSB) appeared by its representative

Witnesses having been sworn and evidence having been heard the following decision pursuant to Ie 31-25-4-32 is made

The individual listed as Appellant obligor in the above referenced case and the individual testifying at the hearing are one and the same The Appellant has an obligation to pay support for the benefit of Appellants minor child The Appellant is in arrears in an amount which is at least two thousand dollars ($200000) or three (3) months past due in Appellants child support obligation The Appellant has not paid the child support arrearage andor has not established a payment plan to pay the arrearage which includes an income withholding order

The Appellant has not successfully contested the basis for the issuance of an order suspending the Appellants Driving Privileges The DCS-CSB shall issue an order to the Bureau of Motor Vehicles to suspend the Appellants driving privileges

Page 1 of2

Children thrive in safe caring supportive families and communities

APPELLANT Wendell Brown CASE NO CS-49-4696751-LS

The Appellant has not successfully contested the basis for the issuance of an order suspending the Appellants DNR license privileges The DCS-CSB shall issue an order to the Department of Natural Resources to suspend the Appel1ants DNR license privileges

So ordered October 122011

~J)--~~J~Dawn Wilson Administrative Law Judge Indiana Department of Child Services

APPEAL RIGHTS ALL PARTIES HAVE THESE APPEAL RIGHTS

This is the final action of the Agency No further ~onsideration of this matter will be available through the Indiana Department of Child Services If you are the Appellant in this matter and are dissatisfied with this final Agency action you may ask that a court review the matter This is a process called judicial review If you choose to file a petition for judicial review it must be filed within thirty (30) days after the date of this notice Since this involves filing a legal petition with the appropriate court as well as other specific requirements it is advisable (but not required) to have legal representation or help However the Indiana Department of Child Services cannot provide or pay for this representation nor can the agency assist beyond the general information provided here More detailed information on this process can be found in statutory law at Indiana Code 4-215-5 Please be advised that Indiana Rule of Trial Procedure 5(G) and Indiana Administrative Rule 9(G) may apply

Distribution Appellant DCS-CSB (Fitzgerald Shantai Pace-JohnsonDonna HousePaula Wilkins)

Children thrive in safe caring supportive families and communities Page 2 of2

Page 6: Motion to Compel The Release Of Funds

to any citizen the equal protection of the laws or to injure him or his property for lawfully enforcing or attempting to enforce the right of any person or class of persons to the equal protection of the laws each of such persons shall be punished by a fine of not less than five hundred nor more than five thousand dollars or by imprisonment with or without hard labor not less than six months nor more than six years or by both such fine and imprisonment See sect sect 1977-1991 20042010 5506-55101

bull United States Statutes at large TItle lXX---CRIMES-- CH 4 CRIMES AGAINST JUSTICE (Destroying record by officer in charge) SEC 5408 Every officer having the custody of any record document paper or proceeding specified in section fifty-four hundred and three who fraudulently takes away or withdraws or destroys any such record document paper or proceeding filed in his office or deposited with him or in his custody shall pay a fine of not more than two thousand dollars or suffer imprisonment at hard labor not more than three years or both- and shall moreover forfeit his office and be forever afterward disqualified from holding any office under the Government of the United States

Any responses from the Marion County Clerks office will only be accepted under penalty of perjury If I have not received a written response within the allotted time I will be forced to initiate legal proceedings

WENDElll BROWN AUTHORIZED SIGNATURE WITHOUT PREJUDICE Ucc 1-207

co 1443 W 29TH INDIANAPOLIS IN [46208)

CERTIFICATE OF SERVICE

I certify that a copy of the foregoing has been served upon the Marion County Clerks Office at 200 E Washington Suite

(9~ day of JvpoundW122 Indianapolis Indiana 46204 by my hand on this 2011

WENDELL L BROWN AUTHORIZED SIGNATURE WITHOUT PREJUDICE UCC 1-207

Jurat

Marion county ss

Indiana state

Subscribed and affirmed before me this __ day for the _______ month In the year Two Thousand and Eleven AD

Notary Seal

Address of Notary ____________

My Notary Expires _________

----------

Mitchell E Daniels Jr Governor James W Payne Director

Indiana Department of Child Services Office of General Counsel-Hearings and Appeals

Room E306 - MS47 302 W Washington Street

Indianapolis Indiana 46204-2739 FILED (OR RECEIVED) INDIANA DEPARTMENT 317-234-5784

FAX 317-234-4497 OCT 1 2 2011 wwwin govdcs

OF CHILD SERVICES Child Support KidsLine 800-840-8757 HEARINGS amp APPEALS

Child Abuse and Neglect Hotline 800-800-5556

NOTICE OF HEARING DECISION-LICENSE PRIVLEGES BUREAU OF MOTOR VEHICLEIDEPARTMENT OF NATURAL RESOURCES

APPELLANT Wendell Brown CUSTODIAL PARENT Toni Davidson CASE NUMBER CS-49-4696751-LS DATE OF HEARING October 122011

This matter came before the Administrative Law Judge (ALJ) based upon a written request for an appeal by the above listed Appellant obligor ofa Notice ofIntent to Suspend License Type of License Bureau of Motor Vehicles (BMV) and Department of Natural Resources (DNR) The Appellant obligor appeared in person andor by counsel The Indiana Department of Child Services Child Support Bureau (DCS-CSB) appeared by its representative

Witnesses having been sworn and evidence having been heard the following decision pursuant to Ie 31-25-4-32 is made

The individual listed as Appellant obligor in the above referenced case and the individual testifying at the hearing are one and the same The Appellant has an obligation to pay support for the benefit of Appellants minor child The Appellant is in arrears in an amount which is at least two thousand dollars ($200000) or three (3) months past due in Appellants child support obligation The Appellant has not paid the child support arrearage andor has not established a payment plan to pay the arrearage which includes an income withholding order

The Appellant has not successfully contested the basis for the issuance of an order suspending the Appellants Driving Privileges The DCS-CSB shall issue an order to the Bureau of Motor Vehicles to suspend the Appellants driving privileges

Page 1 of2

Children thrive in safe caring supportive families and communities

APPELLANT Wendell Brown CASE NO CS-49-4696751-LS

The Appellant has not successfully contested the basis for the issuance of an order suspending the Appellants DNR license privileges The DCS-CSB shall issue an order to the Department of Natural Resources to suspend the Appel1ants DNR license privileges

So ordered October 122011

~J)--~~J~Dawn Wilson Administrative Law Judge Indiana Department of Child Services

APPEAL RIGHTS ALL PARTIES HAVE THESE APPEAL RIGHTS

This is the final action of the Agency No further ~onsideration of this matter will be available through the Indiana Department of Child Services If you are the Appellant in this matter and are dissatisfied with this final Agency action you may ask that a court review the matter This is a process called judicial review If you choose to file a petition for judicial review it must be filed within thirty (30) days after the date of this notice Since this involves filing a legal petition with the appropriate court as well as other specific requirements it is advisable (but not required) to have legal representation or help However the Indiana Department of Child Services cannot provide or pay for this representation nor can the agency assist beyond the general information provided here More detailed information on this process can be found in statutory law at Indiana Code 4-215-5 Please be advised that Indiana Rule of Trial Procedure 5(G) and Indiana Administrative Rule 9(G) may apply

Distribution Appellant DCS-CSB (Fitzgerald Shantai Pace-JohnsonDonna HousePaula Wilkins)

Children thrive in safe caring supportive families and communities Page 2 of2

Page 7: Motion to Compel The Release Of Funds

CERTIFICATE OF SERVICE

I certify that a copy of the foregoing has been served upon the Marion County Clerks Office at 200 E Washington Suite

(9~ day of JvpoundW122 Indianapolis Indiana 46204 by my hand on this 2011

WENDELL L BROWN AUTHORIZED SIGNATURE WITHOUT PREJUDICE UCC 1-207

Jurat

Marion county ss

Indiana state

Subscribed and affirmed before me this __ day for the _______ month In the year Two Thousand and Eleven AD

Notary Seal

Address of Notary ____________

My Notary Expires _________

----------

Mitchell E Daniels Jr Governor James W Payne Director

Indiana Department of Child Services Office of General Counsel-Hearings and Appeals

Room E306 - MS47 302 W Washington Street

Indianapolis Indiana 46204-2739 FILED (OR RECEIVED) INDIANA DEPARTMENT 317-234-5784

FAX 317-234-4497 OCT 1 2 2011 wwwin govdcs

OF CHILD SERVICES Child Support KidsLine 800-840-8757 HEARINGS amp APPEALS

Child Abuse and Neglect Hotline 800-800-5556

NOTICE OF HEARING DECISION-LICENSE PRIVLEGES BUREAU OF MOTOR VEHICLEIDEPARTMENT OF NATURAL RESOURCES

APPELLANT Wendell Brown CUSTODIAL PARENT Toni Davidson CASE NUMBER CS-49-4696751-LS DATE OF HEARING October 122011

This matter came before the Administrative Law Judge (ALJ) based upon a written request for an appeal by the above listed Appellant obligor ofa Notice ofIntent to Suspend License Type of License Bureau of Motor Vehicles (BMV) and Department of Natural Resources (DNR) The Appellant obligor appeared in person andor by counsel The Indiana Department of Child Services Child Support Bureau (DCS-CSB) appeared by its representative

Witnesses having been sworn and evidence having been heard the following decision pursuant to Ie 31-25-4-32 is made

The individual listed as Appellant obligor in the above referenced case and the individual testifying at the hearing are one and the same The Appellant has an obligation to pay support for the benefit of Appellants minor child The Appellant is in arrears in an amount which is at least two thousand dollars ($200000) or three (3) months past due in Appellants child support obligation The Appellant has not paid the child support arrearage andor has not established a payment plan to pay the arrearage which includes an income withholding order

The Appellant has not successfully contested the basis for the issuance of an order suspending the Appellants Driving Privileges The DCS-CSB shall issue an order to the Bureau of Motor Vehicles to suspend the Appellants driving privileges

Page 1 of2

Children thrive in safe caring supportive families and communities

APPELLANT Wendell Brown CASE NO CS-49-4696751-LS

The Appellant has not successfully contested the basis for the issuance of an order suspending the Appellants DNR license privileges The DCS-CSB shall issue an order to the Department of Natural Resources to suspend the Appel1ants DNR license privileges

So ordered October 122011

~J)--~~J~Dawn Wilson Administrative Law Judge Indiana Department of Child Services

APPEAL RIGHTS ALL PARTIES HAVE THESE APPEAL RIGHTS

This is the final action of the Agency No further ~onsideration of this matter will be available through the Indiana Department of Child Services If you are the Appellant in this matter and are dissatisfied with this final Agency action you may ask that a court review the matter This is a process called judicial review If you choose to file a petition for judicial review it must be filed within thirty (30) days after the date of this notice Since this involves filing a legal petition with the appropriate court as well as other specific requirements it is advisable (but not required) to have legal representation or help However the Indiana Department of Child Services cannot provide or pay for this representation nor can the agency assist beyond the general information provided here More detailed information on this process can be found in statutory law at Indiana Code 4-215-5 Please be advised that Indiana Rule of Trial Procedure 5(G) and Indiana Administrative Rule 9(G) may apply

Distribution Appellant DCS-CSB (Fitzgerald Shantai Pace-JohnsonDonna HousePaula Wilkins)

Children thrive in safe caring supportive families and communities Page 2 of2

Page 8: Motion to Compel The Release Of Funds

----------

Mitchell E Daniels Jr Governor James W Payne Director

Indiana Department of Child Services Office of General Counsel-Hearings and Appeals

Room E306 - MS47 302 W Washington Street

Indianapolis Indiana 46204-2739 FILED (OR RECEIVED) INDIANA DEPARTMENT 317-234-5784

FAX 317-234-4497 OCT 1 2 2011 wwwin govdcs

OF CHILD SERVICES Child Support KidsLine 800-840-8757 HEARINGS amp APPEALS

Child Abuse and Neglect Hotline 800-800-5556

NOTICE OF HEARING DECISION-LICENSE PRIVLEGES BUREAU OF MOTOR VEHICLEIDEPARTMENT OF NATURAL RESOURCES

APPELLANT Wendell Brown CUSTODIAL PARENT Toni Davidson CASE NUMBER CS-49-4696751-LS DATE OF HEARING October 122011

This matter came before the Administrative Law Judge (ALJ) based upon a written request for an appeal by the above listed Appellant obligor ofa Notice ofIntent to Suspend License Type of License Bureau of Motor Vehicles (BMV) and Department of Natural Resources (DNR) The Appellant obligor appeared in person andor by counsel The Indiana Department of Child Services Child Support Bureau (DCS-CSB) appeared by its representative

Witnesses having been sworn and evidence having been heard the following decision pursuant to Ie 31-25-4-32 is made

The individual listed as Appellant obligor in the above referenced case and the individual testifying at the hearing are one and the same The Appellant has an obligation to pay support for the benefit of Appellants minor child The Appellant is in arrears in an amount which is at least two thousand dollars ($200000) or three (3) months past due in Appellants child support obligation The Appellant has not paid the child support arrearage andor has not established a payment plan to pay the arrearage which includes an income withholding order

The Appellant has not successfully contested the basis for the issuance of an order suspending the Appellants Driving Privileges The DCS-CSB shall issue an order to the Bureau of Motor Vehicles to suspend the Appellants driving privileges

Page 1 of2

Children thrive in safe caring supportive families and communities

APPELLANT Wendell Brown CASE NO CS-49-4696751-LS

The Appellant has not successfully contested the basis for the issuance of an order suspending the Appellants DNR license privileges The DCS-CSB shall issue an order to the Department of Natural Resources to suspend the Appel1ants DNR license privileges

So ordered October 122011

~J)--~~J~Dawn Wilson Administrative Law Judge Indiana Department of Child Services

APPEAL RIGHTS ALL PARTIES HAVE THESE APPEAL RIGHTS

This is the final action of the Agency No further ~onsideration of this matter will be available through the Indiana Department of Child Services If you are the Appellant in this matter and are dissatisfied with this final Agency action you may ask that a court review the matter This is a process called judicial review If you choose to file a petition for judicial review it must be filed within thirty (30) days after the date of this notice Since this involves filing a legal petition with the appropriate court as well as other specific requirements it is advisable (but not required) to have legal representation or help However the Indiana Department of Child Services cannot provide or pay for this representation nor can the agency assist beyond the general information provided here More detailed information on this process can be found in statutory law at Indiana Code 4-215-5 Please be advised that Indiana Rule of Trial Procedure 5(G) and Indiana Administrative Rule 9(G) may apply

Distribution Appellant DCS-CSB (Fitzgerald Shantai Pace-JohnsonDonna HousePaula Wilkins)

Children thrive in safe caring supportive families and communities Page 2 of2

Page 9: Motion to Compel The Release Of Funds

APPELLANT Wendell Brown CASE NO CS-49-4696751-LS

The Appellant has not successfully contested the basis for the issuance of an order suspending the Appellants DNR license privileges The DCS-CSB shall issue an order to the Department of Natural Resources to suspend the Appel1ants DNR license privileges

So ordered October 122011

~J)--~~J~Dawn Wilson Administrative Law Judge Indiana Department of Child Services

APPEAL RIGHTS ALL PARTIES HAVE THESE APPEAL RIGHTS

This is the final action of the Agency No further ~onsideration of this matter will be available through the Indiana Department of Child Services If you are the Appellant in this matter and are dissatisfied with this final Agency action you may ask that a court review the matter This is a process called judicial review If you choose to file a petition for judicial review it must be filed within thirty (30) days after the date of this notice Since this involves filing a legal petition with the appropriate court as well as other specific requirements it is advisable (but not required) to have legal representation or help However the Indiana Department of Child Services cannot provide or pay for this representation nor can the agency assist beyond the general information provided here More detailed information on this process can be found in statutory law at Indiana Code 4-215-5 Please be advised that Indiana Rule of Trial Procedure 5(G) and Indiana Administrative Rule 9(G) may apply

Distribution Appellant DCS-CSB (Fitzgerald Shantai Pace-JohnsonDonna HousePaula Wilkins)

Children thrive in safe caring supportive families and communities Page 2 of2