Thursday, April 23, 2009

to do:
letter about rochester ticket 1/x
affidavit and memo re tax situation 1/x
stewart v marion
freon
gregg/car

did: letter (draft)
aff (draft)
car/gregg.
laundry
moving stuff to attic
$60 to ken
cancelled electric
couldn't cancel water
need to cancel gas
ken cleaned the yard at 227! yay!
got phone changed to here but it's not working yet - which jack?


do some notes here re the aff.
do a motion to vacate hearing.

rochester

To: Indianapolis police, prosecutor, court 13.
RE: Citation Q376889

Rochester Foster is an authorized driver of my pick up truck.
It had been sitting off-road inoperable for months, and I had let the plates expire.
Rochester towed it to my new house on Washington Street,noticed that it was fixable, and fixed it over the weekend. On Monday I went to the Virginia Avenue branch of the BMV to renew the plates, but they are closed on Mondays.
Tuesday morning he and I were working on a broken dryer, which turned out to not be fixable. He decided to take the truck to my other house and get a working dryer from there. I did not remember to tell him I had not yet gotten the plates. He probably did not check to see if there were new plates on it, and probably didn't know the plates were still expired. He got a ticket for operating with expired plates. I got the plates that afternoon, $74, transaction # 91950770194.
Since the problem has been promptly corrected, I would appreciate it as a matter of professional courtesy if the ticket could be dismissed.
Rochester Forster has been recently homeless, is living in subsidized housing near me on Washington Street, does not have a job,and is a volunteer preacher and cook at our neighborhood church, Trinity House. I know that it would be a hardship for him to be subjected to a fine that he has no present ability to pay.
Thank you for your cooperation,
Sincerely,
Robbin Stewart.
Indiana Bar #1747-53

________________


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

Notes for affidavit.

Affidavit of Robbin Stewart.
Property Tax Appeal for 225-227 N Temple.

I , Robbin Stewart, state the following under penalty of perjury.
I swear and affirm that I state the truth to the best of my knowledge and belief.

Yesterday I went to City Hall, the Auditor's office, and paid $2540 to redeem my house at 227 N Temple from the tax sale, which had been sold to the county after no-one was willing to buy it for $2540. That is more than I have earned so far this year.
The reason I have not been paying the taxes is that the amount was wrong, and I've been unable to get a corrected bill to pay.
Currently the house is valued at $21,200, which is a correct valuation.
When I bought it in 1996, it was valued at 12,600. I paid $17,500.
Between 2002 and 2005, it was assessed at $55,200. I appealed that mis-assessment,and reached an agreement with the assessors office for $30,000 in 2004.
The initial agreement was over the phone,and I then went in and signed and handed back an offer from the city. I regard that signed acceptance of the offer as legally binding. Because I am organizationally challenged, and my life is stored in 50 cardboard boxed, some of which have flood damage, I do not at the moment have a copy of that agreement to show you. I certify and attest that there was such an agreement.
When I returned the document, I included a written statement that I was agreeing under duress. This statement was true - my house was scheduled to be sold at the tax sale. What happened next was that the official I was speaking with became enraged. He spent about 4 minutes yelling at me, and called sheriff's deputies to eject me from the building. This ejection was a violation of my 4th Amendment and Article 1 section 11 rights, although I chose not to sue.
No record of my acceptance of the offer was made; instead, I learned yesterday, false information was entered into my file that I had rejected the offer.
My appeal was scheduled for a hearing before the board. I did not attend that hearing, because I consider the matter to have been finalized when I accepted the offer for $30,000.
I continued to be incorrectly billed for taxes calculated at the 55,200 figure, including the 2005 taxes which I paid yesterday.
I am seeking for the county to honor the $30,000 agreement, and refund the excess taxes billed for 2002, 2003, 2004, and 2005. Alternatively, I ask that the 2004 hearing be vacated, since at the time the board lacked jurisdiction to hold a hearing since the matter had been finalized by my acceptance of the county's offer, and a new hearing be held. Relevant to a new hearing is the sworn evidence that the purchase price was $17,500, that the current valuation is 21,200, that I attested in my appeal that the value was $20,000, that I have not been able to sell the property, that there were no bidders at $2540, and that properties in the 00-300 blocks of North Temple sell for $100 to $30,000, with an average price of about $15,000.

__________
Robbin Stewart

Notary info


Motion to vacate hearing.

@draft only do not file@
I am Robbin Stewart. In 2002 my house at 225-227 N Temple was miss-assessed at 55,200, from $12,600 previously. I filed an appeal. In 2004, I settled that appeal with an agreed settlement of $30,000, by signing and returning the County's offer of settlement. Due to misconduct by a former employee of the County, that settlement was not entered into the records. Instead, a hearing was held, at which I did not appear, since the matter was final, at which my appeal was denied and the full mis-assessment of $55,200 continued.
In this motion, I am asking the board to vacate the previous hearing,reopen the appeal, and to either
accept the $30,000 which was the agreed settlement, or to schedule a new hearing.
To do otherwise than to grant this motion, or find some comparable relief, would be to knowing participate in an injustice.
This board has jurisdiction to vacate its prior hearing based on new evidence that the board lacked jurisdiction to hold the prior hearing, or, if it did not, to find that notice was improper, where a party reasonably believed that the matter was settled, based on his acceptance of a settlement.

Respectfully submitted,
Robbin Stewart

Wednesday, April 15, 2009

did: moved out of apartment
daily task list for wednesday
call arkansas
laundry
taxes
move stuff to basement

----
did:
moved out of apartment 9:30 am
6 loads laundry
moved stuff to basement
didn't do taxes
went to tea party
got a balloon
gutted bathroom at 227
didn't clean out car yet
checked mail
bought drywall mud $13.
rochester $40.
found toothbrush.
am exhausted.





to do:
10 loads laundry
move stuff to basement
unpack car
call arkansas
set up computer
make better list
write letter/s to arkansas cops
make better list
dig garden
take a bath
find toothbrush
find bears

fix car
cles
revise amended complaint
find counsel for voter id case
visit rj
tow truck
clean up 227
write out instructions for 227.
get homeowners insurance
do taxes
call dave
find toothbrush
bath
make better list

dtl thursday:
work on living room.
more laundry.
make better list.
outline letter to arkansas.
clean out car.
get car worked on? chris at one way or gregg.
taxes.