HomeMy WebLinkAboutCOM 0131.000 2004-2006 RECEfVE~I
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®i al~ll~ Cl! ¦ ~i!>~Y 6P'~ COV n}Y (AUf1Cl~
Nover,:ber 9, 2004
Deemeatrice K. Spinney
74-5060 Kealakaa St I OF
Kailua Kona HI 96740-1546
I<Cl: LUall rc7V1J1JJ V-iVVi
As requested, the total payoff on the above referenced loan on November 23, 2004 is as
follows:
Unpaid Principal Balance: $22,002.88
Interest due to November 23, 2004: $225.60
Late Charge: $17.71
Other:
TOTAL: $22,246.19
Our wiring instructions are as follows:
Bank of Hawaii
ABA Routing Number 121301028
Credit: #0285-206330
Ref: #70151556-02001, D. Spinney
Please call the Bank of Hawaii 24-hour Customer Service Center at 1-888-643-3888 two
working days prior to payoff to confirm the total payoff amount.
Sincerely,
rl--
D.Arakawa
Operations Supervisor
Loan Operations Dept.
Comm. No. 3~_~
Ref. To;^~-
_~."t~ Ler, 3nx~ i _.~nbi i i :a~ia~ 1 uli~.com R-:f. t'gtr, r
DEEMEATRICE K. SPINNEY
74-5060 Kealakaa St. l OF
Kailua-Kona, HI 96740-1546
November 4. 2004
Al Landon (CEO)
Executive Administration Department 210
C/o Y.O. Box 2900
Honolulu, Hawaii 96846
RE: PAYOFF QUOTE
Dear Al Landon,
I Deemeatrice Spinney am requesting a certified true copy of car loan ("account
#701 5 15 56-02001), payoff quote with interest and penalty's up to November Z3, 2004.
Please include FedWire information for said account stated above .
if you have any questia~s or concerns; please contact me with the address above.
Sincerely,
~ l-~
7 ~
i l P.
Deemeatrice Spimiey ~ "r~
~a-snau u~en~. sr iuP
KAl1.0 A-(:ON A, I11 vG ~Sn IiaG
NOTICE OF ASSENT
BANK OF HAWAII
Donna Arakawa, Operations Supervisor/Officer & Keith Melanwn, Retail Collection Dept.
P.O. Box 2715 Honolulu, Hawaii 96803-2715
Respondent (s)
Dear Donna Arakawa
I have received a request to be a third party witness in accordance with and pursuant to Hawaii
Revised Statues Chapter 490 3-505, HRS 456-11 and UCC 3-505 from Alfred N. Spinney (hereinafter
"Secured Party") for DEEMEATRICE K. SPINNEY who informed me you have not responded to the
following Presentments (hereinafter 1 Presentment). The contents of the 1~` Presentments stated and sent
to you consist of the following:
1. RESPONDANT'S PRNATE, OFFER OF PERFORMANCE & TENDER OF PAYMENT
NO. ANS-11194-BOH
2. PRE-AUTHORIZED TRANSFER, Certified # 70f14 1 160 0004 ;?.'2 7>6F,
3. NOTICE OF PRE-AUTHORIZED TRANSFER, Registered # RB 905 073 874 US
4. BILL OF EXCHANGE, Exchange # 11194
5. CREDITORS ACCEPTANCE, re; loan # 70151556-2002
6. CERTIFIED PROMISORY NOTE, Note # ANS-11194-BOH
7. STATEMENT OF ACCOUNT
8. NOTICE OF WRITTEN COMMiJNICATION/SECURITY AGREEMENT
The Presentments dated November 19'" 2004 were sent to you at P.O. Box 2715 Honolulu, Hawaii 96803-
2715 as evidenced by U.S. Postal Service CERTIFIED MAILING and the RETURNED RECEIPTS verifying
the contents of the Mail package.
Alfred N. Spinney did also request that I receive your response for (DEEMEATRICE K. SPINNEY)
for the following Notices (hereinafter 1~` Notices) sent to you January 15`s 2005 at P.O. Box 2715 Honolulu,
Hawaii 96803-2715.
A. NOTICE OF FAULT IN DISHONOR, Registered # RA 803 081 844 U S
B. FINAL STATEMENT-DEFAULT, Registered # RA 803 081 844 US
C. COPY OF 1~' PRESIiNTIv1ENT, Re; Certified # 7004 1 160 0004 322 7;E.6
The Notices were sent to you at P.O. Box 2715 Honolulu, Hawaii 96803-2715 as evidenced by
U.S. Postal Service CERTIFICATE OF MAILING and the RET'[JRNED RECEIPTS verifying the
contents of the Mail package.
Alfred N. Spinney did also request that I receive your response for (DEEMEATRICE K. SPINNEY )
for the following Notices (hereinafter 2°d Notices) sent to you January 22°" 2005 at P.O. Box 2715 Honolulu,
Hawaii 96803-2715.
L NOTICE OF DEFAULT, Certified # 7(30 31 l0 0000 1-+92 I'83
II. DUTY OF BANK TO PROCESS INSTRUMENT, Certified # 7003 31 10 OOOU I?42 7 783
III. LETTER OF CORRECTION, Contract # 011805
This is to notify Alfred N. Spinney Secured Pally for (pEEMEATRICE K. SPINNEY) that as of
this date, no response had been delivered to me, (C/o RoseUa 8 Lamne. P.O. 2076 %aiiua-Bona Hawaii
96745) the designated receiver. I interviewed Alfred N. Spinney, whose affidavit is attached to this
Notarial Protest. Alfred N. Spinney has stated to me by affidavit that Secured Party has received no
proper response and no response to said Contract (s) at any other mailing location. Based on the foregoing
information, Respondent (s) have dishonored Alfred N. Spinney Secured Party for (DEEMEATRICE K.
SPINNEY) presentments by non-acceptance and/or non-performance and has therefore asse~ed to the
terms and conditions in said Contract (s).
Thank you for your prompt attention to this matter.
Sincerely,
rotary Public (Ros Ila K. L pe)
Address: C/o P.O. Box 2076 Kailua-Kona Hawaii 96745
~ IOC.ATIO'>S 6z f31~F.ACH OF $ANii OF HAB'AI[
CERTIFICATE OF DISHONOR
State of Hawaii )
ss
County of Hawaii )
I, Rosella K. Lampe, am the notary to whom all communications have been presented to in
regarding the Contract (s) entitled in the following Presentment (s) and Notice (s) in response to Public
Account # 70151556-2001.
1. RESPONDANT'S PRIVATE, OFFER OF PERFORMANCE & TENDER OF PAYMENT
NO. ANS-11194-BOH
2. PRE-AUTHORIZED TRANSFER, Certified # 7004 1 160 0004 3222 7566
3. NOTICE OF PRE-AUTHORIZED TRANSFER, Registered # RB 905 073 874 US
4. BILL OF EXCHANGE, Exchange # 1 1194
5. CREDITORS ACCEPTANCE, re; loan # 70151556-2001
6. CERTIFIED PROMISSORY NOTE, Note # ANS-11194-BOH
7. STATEMENT OF ACCOUNT
8. NOTICE OF WRITTEN COMMUNICATION/SECURITY AGREEMENT
1, Rosella K. Lampe do hereby state that I have not received any response for (DEEMEATRICE K.
SPINNEY) for the following Notices (hereinafter lb` Notices) sent to you January 15m 2005 at P.O. Box 2715
Honolulu, Hawaii 96803-2715.
A. NOTICE OF FAULT IN DISHONOR, Registered # RA 803 081 844 US
B. FINAL STATEMENT-DEFAULT, Registered # RA 803 081 844 US
C. COPY OF 1~' PRESENTMENT, Re; Certified # 7004 I I GO 0004 3'_2~ 756G
I, Rosella K. Lampe do hereby state that I have not received any response for (DEEMEATRICE K.
S PINNEY) for the following Notices (hereinafter 2°d Notices) sew to you January 22vd 2005 at P.O_ Box 2715
Honolulu, Hawaii 96803-2715.
9. NOTICE OF DEFAULT, Certified # 7003 3 110 0000 1492 1785
] 0. DUTY OF BANK TO PROCESS INSTRUMENT, CeitiSed # 7003 3 t (0 0000 1492 1783
1 1. LETTER OF CORRECTION, Contract # O 11805
The Notices were sent to you at BANK OF IIAWAII, Donna Arakawa P.O. Box 2715 Honolulu,
Hawaii 96803-2715 as evidenced by U.S. Postal Service CERTIFICATE OF MAILING and the
RETCJRNED RECEIPTS verifying the contents of the Mail package.
Pursuant to Hawaii Revised Statutes 490 and Uniform Commercial Code 3-505 and 1-202, Notice
of Protest is hereby given with Certificate of Dishonor regarding the following:
Alfred N. Spinney, secured party for (DEEMEATR[CE K. SPINNEY) did provide evidence
(U.S. Postal Return Receipts) that he has sent the following Contract (s) to BANK OF HAWAII, Donna
Arakawa herein "Respondent," Socated at P.O. Box 27 ] 5 Honolulu, Hawaii 96803-2715
As of this date, no response had been delivered to me (C/o Rosella % Lampe, P.O. 2076 %ailua-
Kona Hawaii 967451, the designated receiver. I interviewed Aifred N. Spinney, secured party for
(DEEMEATRICE K. SPINNEY) whose affidavit is attached to this Notarial Protest. Alfred N. Spinney
has stated to me by affidavit that he had received no response to said Contract at any other mailing
location. Based on the foregoing information, Respondents has dishonored DEEMEATRICE K.
SPINNEY, presentment (s) and Notice (s) by improper response, non-acceptance aad non-performance
and has therefore assented to the terms and conditions in said Contract.
BREACH OF C(iVTRA('r (5) BfTW EEe 6,4NlC OP Pi.#~~A? Avn iJEE.l9 ~4'. RICE FL.SPE_A,AEi'
FJ~CtLATIi7N~ & BktFAC~T C?F 13ANii Cif' FtA~?'RL,1
State of Hawaii )
ss.
County otHawaii )
' {i.
Subscribed and sworn to at i~ before me this Z day of ~~r?t-^' ,
A.D.Z S.
Notary public
:'NpTARY•'• n~ b Zabb'
My Commission Expires ~J
PUBf`1G WIT'I~ my hand,and official seal.
• ~ • • Si e Notary Public
~.atiGC~J ~ ~ rrv/t'-~
Rosella K. Lampe,vd Party fitness
&IiEACH Or C'OAT2.~CT IS) 6E.TN'LF\ iF.~~N60F H,~bV.AII 1tiD DtiE~t~\TRICE K. SPINA€Y,'
arF~~viz or- z-RUZI1
Dcemeatrice K. 5~im1e~~11free1 v~~laielna Spinne~Darlene C1.K. Sk~innev
HAWAII COUNTY POLICE DEPARTMENT
KAILUA-KONA DMSION, CHIEF OF POLICE
349 Kapiolani Street, Hilo, HI 96720
Police Chief Lawrence K. Mahuna
Admin: (808) 935-3311
Chief: (808) 961-2243
Crime Prev: (808)961-2264
STATE OF HAWAII )
ss
COUNTY OF HAWAII )
AFFIDAVIT OF OATH AND AFFIRMATION
Victim /Secured Party: DEEMEATRICE K. SPINNEY / Deemeatrice K. Spinney
Authorized Rep: Alfred N. Spinney
Witness: Alfred N. Spinney / Dazlene U.K. Spinney
Vehicle Stolen: VIN- 1HGCM563X4A077606
License Plate - HEN439
2004 Honda Accord (Hereinafter, "Vehicle")
Thief ALOHA AUTO AUCTION, (Unknown Driver)
Hawaii County Crivello badge # 318
Police Officers Moniz badge # 361
Assisting the Brown badge # 68,
Theft
STATEMENT OF FACTS
FOR HAWAII COUNTY POLICE DEPARTEMENT
REPORT NO.005001747
I, Deemeatrice K. Spinney and Alfred N. Spinney over the age of twenty one (21)
competent to state the facts in this case with first hand knowledge, good faith and clean hands,
makes the following statements; that every word uttered, spoken or written shall be the truth
under God.
1) All contracts i.e. application for driver's license, application for Social Security and other
adhesion, constructive, gratuitous, onerous, quasi and any other invisible contracts were
made with the artificial entity DEEMEATRICE K. SPINNEY created by the state -NOT
with the Secured Pazty, Deemeatrice K. Spinney and Alfred N. Spinney, Secured Party (ies)
hereby acc t for value all of the above contracts.
2) August 27, 2003 and February 1, 2005 Alfred N. Spinney filed the following UCC-1
Financing Statements #82003180655 and #82005020314 with STATE OF HAWAII,
Bureau of Conveyances as public Notice in State of Hawaii which included the Security
Agreement between DEEMEATRICE K. SPINNEY (the fictitious entity created by the state,
hereinafter Debtor) and the superior claimant of right, Deemeatrice K. Spinney and Alfred N.
Spinney, a legal filing of public record. This act secured title to the artificial entity created by
STATE OF HAWAII and secures to Deemeatrice K. Spinney and Alfred N. Spinney all
HAS. VIIUL'V'fs PULirc'OC^>Rlyt\T >4P.ALnH,p nt-~~A~CVJ;. 4G ~3t~FlR FIt~VUL~TInA5O£CRL~Px~9~G, IS I'FRFEREVCE ;nT~"14E~-T 1
A, FIDAti I T OF TRUTH
L?aeme~tlicc Y. S?irute , Al&~edNartaiznel~ia Shinnev I3arlen: iLK. Soinnev
property attached to the artificial entity under the name of DEEMEATRICE K. SPINNEY.
This claim is undisputed and therefore stands by fiat that Deemeatrice K. Spinney and Alfred
N. Spinney is the Secured Party, Authorized Representative, Fiduciary, Trustee, Holder In
Due Course and Creditor of and for the accounts re; DEEMEATRICE K. SPINNEY.
3) On November 10, 2004 Secured Party, Authorized Representative, Fiduciary, Trustee,
Holder In Due Course and Creditor of and for the accounts re; DEEMEATRICE K.
SPINNEY in his capacity did receive a Total Pravoff in re; loan # 70151556-2001 for a total
of $22,246.19. Whereas on December 2, 2004 as evidenced and witnessed by a Public
Official Notary, Rosella K. Lampe, who did under her seal and signature in re; PRE-
AUTHORIZED TRANSFER from Secured Party Alfred Napahuelua Spinney to BANK OF
HAWAII did send a Bonded Negotiable Instrument in Secured Party (ies) Presentment under
the authority and pursuant to HJR 192 and Public Policy 73-10 tendering payment in full. All
of BANK OF HAWAII agents, representatives and sub-contractors from this point were
subject to the laws governing the contracts established between the parties. Any further
claims on the Debtor in regazds to this account aze subject to those contracts and laws. Then
upon the dishonor of Secured Parties tender of payment all attempts to collect on this account
were Estopped. This Estoppel was in full effect at the time of the theft. In law, Notice to the
Principle is Notice to the Agent.
4) On or about January, 10 2004 at or about 0430-OSOOam in the Kaimalino Housing pazking lot
in Kailua Kona, the Secured Party in possession of his collateral (2004 Honda Accord, Serial
# 1HGCM563X4A077606 License # HEN 439 hereinafter Vehicle) was held up by an
unidentified man (hereinafter trespasser) who then proceeded to lift the back of the Vehicle
while secured party was in the process of reversing out of the pazking stall, Secured Party did
ask this trespasser what he was doing and who he was, however trespasser just asked if I was
DEEMEATRICE SPINNEY, so again I asked the trespasser who he was and what he was
doing all the wMle the back of the Vehicle was lined in the air by the trespasser's tow truck.
At this point trespasser stated that he was hired by the bank to pick-up the caz, so I asked him
to put the caz down so that I could be on my way, again trespasser stated that he was hired by
the bank to pick-up the cat, at this time Secured Pazty to avoid any damages and or injuries
Secured Party did place an emergency call to 911 for police assistance.
5) Upon the arrival of the first Police, Officer Brown badge # 68, Secured Parly did ask Officer
Brown if he was responding to the 911 call that was made, Officer Brown stated no and
asked me what I was doing and to exit the Vehicle so that he could ask me some questions,
so I explained to Officer Brown that I was the one who called 911 for assistance and that the
trespasser will not put the vehicle down, at azound this time Police Officer Crivello badge #
318 arrived on the scene, so I asked her if she was responding to the 911 call that I had made.
At this time Officer Brown and Crivello told me to exit the vehicle so I ask Officer Brown if
he would be willing to guazanty me that the trespasser will not take the Vehicle, Officer
Brown stated no and both Brown and Crivello ordered me out of the vehicle once more so
that they could talk to me, so by the tone of the Officers and under duress and coercion I the
Secured Party for the Vehicle did exit the vehicle, Officer Brown asked me what I was doing,
so I told him that I was here to pick-up this vehicle and when I got in and started the vehicle
to reverse out of the parking lot the trespasser lifted the Vehicle with his truck. then he asked
me who I was, at this time and in order to notify and inform the Officers about the breach
that was now taking place, that I was authorized by contract to maintain, drive or pick-up the
NAV'(~:I l'Cl'~i'r PpJI'C GEPAh T,V?:'Ci K~~ 41.pH111 >-0(-~~OG IS p JF`:i cl A' 1_J.P~TS 1 Ri W~I~~'1A~ ATcNk ERE^~~E 1AD THEF"f 2
AFFtD/tVl"i~ OF 1~RU CIi
Bee~meatri~.e IL
S~inne}~Alfied ~Iapslnlelua S~im~ev Dartene U.K. Syinaiev
Vehicle at any time, at around this time Police Officer Moniz badge # 361 show up on the
scene so I asked him if he was responding to the 9l 1 emergency call, Moniz answered no.
6) Whereas, on or about January, 10 2004 at or about 0430-OSOOam the trespasser for ALOHA
AUTO AUCTION (as described by Officers Brown, Crive]]o and Moniz) and Hawaii County
Police Officers, Crivello badge # 318, Officer Moniz badge # 361 and Officer Brown badge
# 68 knew, or should have known, of the existence of the Private Contract between the
Secured Pazty and BANK OF HAWAII and they knew, or should have known, that any
interference in the Private Contract constitutes breach of contract and becomes a contract in
itself. Secured Party notified all third parties present who were trespassing and interfering
with the Private Contract between the Secured Party and BANK OF HAWAII. Secured
Party accepts for value and consideration all contracts created by the individuals who was
unidentified in an unmazked tow truck and have been described by Officer Crivello badge #
318 as ALOHA AUTO AUCTION and Hawaii County Police Officers Crivello badge # 318,
Officer Moniz badge # 361 and Officer Brown badge # 68 in their group effort to what
Officer Brown describes as legal documents for the haking of the property (Vehicle) of which
Secured Party was Holder In Due Course as described in the contracts filed with STATE OF
HAWAII. At this point I asked Officer Brown if he was making a legal determination and he
stated no, then Officer Moniz asked me if I was a lawyer in which I replied I am the secured
party and authorized to take possession of this vehicle.
7) All Officers have made statements of what I was doing is not a Legal process and that the
trespasser does have a legal right to take the vehicle, therefore not only practicing law but
have used their Official authority and capacity to breach the peace, by trespassing and
interfering in a private contract, by and through their assistance of the theftbf the vehicle.
Secured Parry, Authorized Repreaemalive and AJfiant shall also exercise !heir adrrdnissratlve procedures in a nonyudidN process in good
jakb to remedy any violminn ojtresaax+ine. inurferencr. and the and reserves the rights to hold al! Thlyd Parry's acrnuntable and liable
jor thdr anions ' indJvulual and prrvme whleh may subftt7 the ThlydParry's t involumary Bankruptry.
i
d N. pinney, Witness Dazlene U.K. Spinney, Witness
Authorized Representative
DEEMEATRICE K. SPINNEY
Auth By:
~ ~ ~
Deemeatrice K. pinne
Secured Party
4AwU1l Jl-^, PULi(bUYP;KGbIF-'f+~P:LgH+~LT~~CRUh ~~E*•lSS,gFFll'ER..AV~L~O~~"]ti~rt I0.LlP \5$In'i,l '~EHi F2B~~'L ~~'D',HEFT 3
APPfI?A`?1"T OP TRUTH
Deementrice-K~S~innev, Alfieri Nanahuelua Svimtiev Darlene U.K. Suirme~•
Jurat
state of Hawaii )
) SS.
County of Hawaii )
Subscribed and attested to at Kailas-Kona, before me rthi~~d day of February, A.D.2005.
,cis
b}~~w ~ a m v t~
My Comzl~lilpN XPIRES
Novembar2 2007
WI S my hand an fficial seal.
~~G7Ll h7 ~ ~
Signature of No Public
Acknowledtlement
StateotHawaii )
ss.
County of Hawaii )
0o c ~a aoas before me, ~Co~.~i/~~ ,
Personally appeared 're S ~ ' w Alfrod 1V. SDarwev mrl barrare U. b Sbnrwev~nallY proved to
me to be the secured party, authorized representative and witness whose name is subscribed to the within
instrument and aclmowledged to me that they executed the same in their capacity, and that by their signature
on the instrument the person of the entity upon behalf of which the person acted, executed the instrument as
the secured party.
My Com61Ys13f9iiBlt~B~tlid EXPIRES
November 2.2007
SS my hand~and/o/fficia~ seal.
Signature of No Public
Cr. Lincoln Ashida, Corporation Counsel
101 Anpnni St. Suite 325, Hilo, HI 96720 ~y
Ce: HAWAII CORPORATE COUNCIL James Arakaki, Council Chairman
25 Aupani Street Rm. 209, Hilo, HI 96720
Cc: POLICE DEPARTMENT Police Chiet Lawrence K Mahuna
349 Kepiolani Street, Hilo, HI 96720
Cc: STATE OF HAWAII (Bureau of Conveyances) file
1151 Punchbowl Street room 120 Honolulu, Ilawaii 96813
Cc: INTERNAL AFFAIItS, HPD
801 Sooth Beretanis Street Honolulu, Hawaii 96813
Cc: MAYOR, Harry Ktm
25 Anpnni Street Rm. 215 Hilo, Hawaii 96720
Cc: GOVERNOR, Linda Lingle
STATE CAPTfAL BLDG. Honolulu, Hawaii 96813
Cc: ALOHA AUTO AUCTION
1001 Ahua Street Honolulu, Hawaii 96819
Cc: BANK OF HAWAII, Donna Arakawa (Operations Supervisor, Loan Department)
P. O. Bor 2715 Hoaolwla, Hawaii 9b803-2715
Cr. OFFICE OF THE ATTORNEY GENERAL, Mark Bennet
425 Queen Street Honolulu, Hawau 96813
H4eb if(Vl.-CiV PUIJ~C~FP4klp11?n`I-~~04i_LH1 LTO dl
C109 nf'~NTSR pEFICENh CI0i4T.p'J[O'iRES!'ASY1N4i_I>9 ERI£2ENCE 4fN-.~THEP[
l~',!i~!
i Arl
OATH OF AFFIRMATION & AFFIDAVIT OF TRUTH
Deemeatrice K. Spinney
State of Hawaii )
ss.
County of Hawaii )
I, Deemeatrice Kanohoinea Spinney, attest, affirm herein is competent, has knowledge of the
facts, and declare that to the best of her knowledge the statement made in affidavit are true,
correct and not meant to mislead;
ON Monday, January 10, 2005, Alfred Napahuelua Spinney had my permission, consent,
authorization to pick up my vehicle 2004 HONDA ACCORD, Serial No.
1HGCM563X4A077606.
It has been said, so it is done.
Date: January 11, 2005
DEEMEATRICE K. SPINNEY
Authorized By:
~ 'f1~ ~ f'LS° -
Deemeatrice K. S coney uthori epresentative
NRAT
State of Hawaii )
ss.
County of Hawaii )
Subscribed and attested to at Kailua-Kona before me this ~ day of January A.D. 205.
Notary public
~ ZtC~Ia KQLUQT?IIl?'!rs
My Commission Expires
l0-GD~D
WI ESS my hand and official seal.
alre uv=-J
Signa a Lary Public
~%~7