Tax Case, Property, Admission

IN THE DISTRICT COURT OF DOUGLAS COUNTY, NEBRASKA

DARREN C. OBRECHT,         )                   Case    DOC. 1099    NO. 363

Plaintiff,                                     )

v.                                                 )

Paul J. Hansen,                          )

Defendant Named,                     )           Conditional written request for the  

Paul-John: Hansen,                     )          admission DISCOVERY, in          

Respondents Lawful Name.       )          Common Law found in § 6-326,

Respondents Lawful Name.       )              General provisions governing discovery.

Comes Now, Respondent, only conditionally, upon proof of personal jurisdiction being

found, on the record, as challenged by Respondent, to give then ANSWER, and all other

participation, to AMENDED COMPLAINT FOR FORECLOSURE dated June 24, 2010, as follows:

Plaintif shall, or by and through his attorney, answer the following as an admit or deny

each matter of which the admissions requested are separately set forth by the Defendant,

 and the Plaintiff shall be required to answer specifically by repeating the admission and

 responding to the answer or with an objection thereto.  If objection is made, the reasons

 therefore shall be stated.    Or when good faith requires that this party qualify his or her

answer or deny only a part of  the matter of which an admission is requested that it be yet

answered as fully as stated court rule demands. .    The matter is admitted unless, within

thirty days after service of the request, or within such shorter or longer time as the court

 may allow.

>> The Defendants request for admissions to Plaintiff are yet asked under common-law

for the record is lacking any evidence that Defendant has not the right of a common-law

proceeding, to which Defendant will make a proper, timely, demand.

To: DARREN C. OBRECHT

Defendant submits the following request for admissions to Plaintiff. You are required to

answer each request for admissions separately and fully, in writing, under oath, and to

serve a copy of the responses upon Defendant within (30) days after service of these

requests for admissions.

Instructions under common-law:

1. These requests for admissions are directed toward all information known or

available to Plaintiff including information contained in the records and documents in

Plaintiff’s custody or control or available to Plaintiff upon reasonable inquiry. Where

requests for admissions cannot be answered in full, they shall be answered as

completely as possible and incomplete answers shall be accompanied by a

specification of the reasons for the incompleteness of the answer and of whatever

actual knowledge is possessed with respect to each unanswered or incompletely

answered request for admission.

2. Each request for admission is to be deemed a continuing one. If, after serving an

answer to any request for an admission, you obtain or become aware of any further

information pertaining to that request for admission, you are requested to serve a

supplemental answer setting forth such information.

3. As to every request for an admission which you fail to answer in whole or in part, the

subject matter of that admission will be deemed confessed and stipulated as fact to the

courts evidence record.

Definitions -    a. “You” and “your” include Plaintiff and any and all persons acting for or in concert with the named DARREN C. OBRECHT.

b. “Document” includes every piece of paper held in your possession or generated by you.

Requests for Plaintiff to, Admit or Deny the following 19 individual admissions separately and distinctly:

1. That Plaintiff has no evidence that the captioned case named Defendant ‘PAUL J HANSEN, an individual’, is in fact a statutory person.

2. That Plaintiff has no evidence that the captioned name ‘PAUL J HANSEN, an

individual’, is in fact a legal fiction.

3. That Plaintiff has no evidence that the captioned ‘PAUL J HANSEN, an individual’, is

in fact a corporate name.

4. That Plaintiff has no evidence that Defendant has been residing in Omaha, Douglas

County, Nebraska in times subject to this case.

5. That Omaha as stated in Plaintiffs Complaint is a corporation.

6. That Douglas County as stated in Plaintiffs Complaint is a corporation.

7. That Nebraska as stated in Plaintiffs Complaint is a corporation.

8. That the subject land is owned by the Defendant as private land.

9. That the owner of the subject property is the man called Paul John Hansen, as signed below.

10. That no document exist that is fact proof that subject land had a legal nexus with any

corporate entity for a property tax due and owing.

11. That the Plaintiff has no fact evidence of a document with Defendants signature on its

face to support the Plaintiffs claim of a tax owed

12. That a Douglas County Treasures Certificate of Tax Sale No. 06-00746 is only

presumptive evidence of a tax owed.

13. That Plaintiff has fact evidence that Defendant had a contractual agreement with Douglas County for services or benefits that taxes are now due on as related to the subject of this case.

14. That Plaintiff has a witness who has personal knowledge that Defendant had a

contractual agreement with Douglas County for services or benefits that taxes are now

due on as related to the subject of this case.

15. That Plaintiff has fact evidence that Defendant has no right to a common-law trial by

jury to this case.

16. That Defendant did an act that waived his right to a common-law trial by jury to this case.

17. That Plaintiff has evidence in his possession that Defendant does not own subject

land in absolute.

18. That Plaintiff has evidence in his possession that the corporate Douglas County has a

legal interest in the subject land of this case.

19. That a native-born Nebraska man has a duty to pay for services and benefits to which

this case is addressing even if this same man has not asked for, or did not seek, any

benefits or services from the corporate Douglas County or any non-corporate entity called

Douglas County, as related to this case.

___________________________

Paul-John: Hansen, mailing location

5311 Navajo St

Council Bluffs, IA  51501-8716

pauljjhansen@hotmail.com

402-957-2853

CERTIFICATE OF SERVICE

I, Paul-John: Hansen, hereby certify that on October 20, 2010, I caused a copy of the foregoing ‘Admissions #1’, to be served, by U.S. first-class mailing, post-paid, upon Plaintiff attorney:

BRASHEAR LLP, Kermit A. Brashear III (No. 19784) and John S. Hertzler (No. 21728)

North Old Mill, 711 North 108th Court, Omaha, Nebraska 68154-1714

 

Personal notes below:  REMEMBER TO DOUBLE SPACE.

Personal jurisdiction is not yet found in the record!!

77-113. Person, defined.

The word person includes any number of persons and any partnership, limited liability company, association, joint-stock company, corporation, or other entity that may be the owner of property.

Source

Laws 1903, c. 73, § 10, p. 390;
R.S.1913, § 6298;
Laws 1921, c. 133, art. I, § 11, p. 546;
C.S.1922, § 5818;
C.S.1929, § 77-111;
R.S.1943, § 77-113;
Laws 1993, LB 121, § 492.

Annotations

For taxation purposes, a partnership is considered as an entityapart from the individual partners. Svoboda & Hannah v. Board of Equalization, 180 Neb. 215, 142 N.W.2d 328 (1966).

State is an entity that may be adversely affected by action of county boards of equalization, and a person within meaning of revenue act. State v. Odd Fellows Hall Assn., 123 Neb. 440, 243 N.W. 616 (1932).

Admissions:

Affirmative Defences:

Element requiered is:

1. Upon whom dose chapter 77 have force and effect of law. 
2. What proof do you possess that the Defendant if being in fact a native-born Nebraska man, not a statutory person, is included in the Chapter 77 stated statutes.
3. What proof do you possess that a non-statutory person, perverbially called a natural man, has a duty to pay taxes on private possissions that the complaint has as the alleged subject property.
4. What fact contrat do you claim, if any, enters the Defendant into a statutory contractual relationship as related to the alleged taxes due in the Complaint.
5. What law do you rely upon that states that if Defendat is not a statutory person as defined in Chapter 77 as related to the Complaint, that Defendant has in fact a duty to pay taxes claimed in this Complaint.
6. What evidence if ant does the Plaintif have that the subject property is not private property in ownership (and use).
7. What proof does the Plaintiff possess that corporation called DOUGLAS COUNTY has a compelling interest in the subject private property.
8. Compelling state interest.

 

 77-106. Money, defined.

The term money includes all kinds of coin and all kinds of paper, issued by or under authority of the United States, circulating as money.

Source

Laws 1903, c. 73, § 4, p. 389;
R.S.1913, § 6292;
Laws 1921, c. 133, art. I, § 5, p. 545;
C.S.1922, § 5812;
C.S.1929, § 77-105;
R.S.1943, § 77-106.

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77-1801. Real property taxes; collection by sale; when.

Except for delinquent taxes on mobile homes, cabin trailers, manufactured homes, or similar property assessed and taxed as improvements to leased land, all real estate on which the taxes shall not have been paid in full, as provided by law, on or before the first Monday of March, after they become delinquent, shall be subject to sale on or after such date.

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77-1818. Real property taxes; certificate of purchase; lien of purchaser; subsequent taxes.

The purchaser of any real property sold by the county treasurer for taxes shall be entitled to a certificate in writing, describing the real property so purchased, the sum paid, and the time when the purchaser will be entitled to a deed, which certificate shall be signed by the treasurer in his or her official capacity and shall be presumptive evidence of the regularity of all prior proceedings. The purchaser acquires a perpetual lien of the tax on the real property, and if after the taxes become delinquent he or she subsequently pays any taxes levied on the property, whether levied for any year or years previous or subsequent to such sale, he or she shall have the same lien for them and may add them to the amount paid by him or her in the purchase.

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77-1809. Real property taxes; delinquent tax sales; purchase by county; assignment of certificate of purchase; interest.

At all sales provided by law, the county board may purchase for the use and benefit, and in the name of the county, any real estate advertised and offered for sale when the same remains unsold for want of bidders. The county treasurer shall issue certificates of purchase of the real estate so sold in the name of the county. Such certificates shall remain in the custody of the county treasurer, who shall at any time assign the same to any person wishing to buy for the amount expressed on the face of the certificate and interest thereon at the rate specified in section 45-104.01, as such rate may from time to time be adjusted by the Legislature, from the date thereof. Such assignment shall be attested by the endorsement of the county clerk of his or her name on the back of such certificate, and such endorsement shall be made when requested by the county treasurer.

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77-1902. Tax sale certificate; tax deed; right of holder to foreclosure; action in district court; limitation period.

When land has been sold for delinquent taxes and a tax sale certificate or tax deed has been issued, the holder of such tax sale certificate or tax deed may, instead of demanding a deed or, if a deed has been issued, by surrendering the same in court, proceed in the district court of the county in which the land is situated to foreclose the lien for taxes represented by the tax sale certificate or tax deed and all subsequent tax liens thereon, excluding any lien on real estate for special assessments levied by any sanitary and improvement district which real estate has not been previously offered for sale by the county treasurer, in the same manner and with like effect as in the foreclosure of a real estate mortgage, except as otherwise specifically provided by sections 77-1903 to 77-1917. Such action shall only be brought within six months after the expiration of three years from the date of sale of any real estate for taxes or special assessments.

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77-1909. Foreclosure proceedings; decree; contents.

In its decree, the court shall ascertain and determine the amount of taxes, special assessments, and other liens, interest, and costs chargeable to each particular item of real property and award to the plaintiff an attorney’s fee, unless waived by the plaintiff, in an amount equal to ten percent of the amount due which shall be taxed as part of the costs in the action and apportioned equitably as other costs.

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77-1917. Foreclosure proceedings; redemption; subsequent taxes paid; conditions.

(1) Any person entitled to redeem real property may do so at any time prior to the institution of foreclosure proceedings by paying the county treasurer for the use of such holder of a tax sale certificate or his or her heirs or assigns the sum mentioned in his or her certificate, with interest thereon at the rate specified in section 45-104.01, as such rate may from time to time be adjusted by the Legislature, from the date of purchase to the date of redemption, together with all other taxes subsequently paid, whether for any year or years previous or subsequent to the sale, and interest thereon at the same rate from the date of such payment to the date of redemption.

(2) Any person entitled to redeem real property may do so at any time after the decree of foreclosure and before the final confirmation of the sale by paying to the clerk of the district court the amount found due against the property, with interest and costs to the date of redemption and, in addition thereto, when the real property has been sold at sheriff’s sale to a purchaser other than the plaintiff, any subsequent taxes paid by such purchaser, as shown by tax receipts filed by such purchaser with the clerk of the district court, with interest at the rate specified in section 45-104.01, as such rate may from time to time be adjusted by the Legislature, from the date or dates of payment of such taxes, and also interest on the purchase price at the same rate, for the use of the purchaser, from the date of sale to the date of redemption. During the pendency of a foreclosure action any person entitled to redeem any lot or parcel may do so by paying to the court the amount due with interest and costs, including attorney’s fees, provided for in section 77-1909, if requested in the foreclosure complaint. Within thirty days after receipt of payment of all amounts due, the holder of the tax sale certificate shall dismiss its claim in the foreclosure proceeding with respect to any redeemed tax sale certificate. The holder of the tax sale certificate shall be required to provide the county treasurer with written notice that a foreclosure suit has been instituted and provide the county treasurer with an affidavit setting forth the costs incurred in the foreclosure action and indicating whether attorney’s fees were requested in the foreclosure complaint.

(3) The person redeeming any lot or parcel shall be required to provide the county treasurer with an appropriate receipt evidencing the payment to the court of the amount due with interest and costs and the holder of the tax sale certificate shall file with the county treasurer notice of its dismissal of the claim in the foreclosure proceeding.

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NOTES-

Nebraska Registry – SOS:

Promulgated rules to person, and another objects subject, property.

Nullity

Motion to dismiss.

Land Patent filed, 30 days to clear,

Undisputable fact:

Averments:

Affirmative defenses: