Free Certificate of Mailing/Service - District Court of Colorado - Colorado

Case 1:04-cv-01271-EWN-BNB

Document 250

Filed 01/25/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. 04-cv-01271-EWN-BMB PATRICK M. HAWKINSON, Plaintiff, v. JAMES A. MONTOYA R. LYNN KEENER ROBERT SCRANTON, in their individual and official capacities, and ESTATE OF OPAL WILSON Defendants. ______________________________________________________________________________ SECOND AMENDED DEFENDANT'S ANSWERS TO PLAINTIFF'S INTERROGATORIES AND REQUESTS FOR ADMISSIONS ______________________________________________________________________________ 1. Robert J.M. Scranton, Esq., 231 E. Vermijo Ave, Colorado Springs, CO 80903, (719) 4770333 2. R. Lynn Keener 3. Object based on relevancy (F.R.E. 104) and privacy (see footnote 1). 4. Object based on relevancy (F.R.E. 104) and privacy (see footnote 1). 5. Object based on relevancy (F.R.E. 104) and privacy (see footnote 1). 6. Object based on relevancy (F.R.E. 104) and privacy (see footnote 1). 7. Object based on relevancy (F.R.E. 104) and privacy (see footnote 1). 8. Object based on relevancy (F.R.E. 104) and privacy (see footnote 1). 9. Object based on relevancy (F.R.E. 104) and privacy (see footnote 1). 10. Object based on relevancy (F.R.E. 104) and privacy (see footnote 1). 11. Object based on relevancy (F.R.E. 104) and privacy (see footnote 1). 12. Object based on relevancy (F.R.E. 104) and privacy (see footnote 1). 13. Deny and Object based on relevancy (F.R.E. 104) and privacy (see footnote 1).

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14. Deny and Object based on relevancy (F.R.E. 104) and privacy (see footnote 1). 15. Deny and Object based on relevancy (F.R.E. 104) and privacy (see footnote 1). 16. Deny and Object based on relevancy (F.R.E. 104) and privacy (see footnote 1). 17. All documents were previously disclosed in the civil cases and need no further disclosure otherwise, object based on relevancy (F.R.E. 104) and privacy (see footnote 1). 18. All documents were previously disclosed in the civil cases and need no further disclosure otherwise, object based on relevancy (F.R.E. 104) and privacy (see footnote 1). MM. Deny, document is forged and otherwise counterfeit. RR. SS. TT. UU. VV. Admit Admit Admit Deny, there were two different cases and judges. Deny, I communicated with Patrick Hawkinson's attorney.

WW. Deny. I never contacted Montoya. However, Montoya contacted me two times. Both times Montoya initiated the contact. Each contact was by way of telephone. The first contact related to Montoya's initial investigation of the inquiry I made to the Colorado Department of Corrections regarding the forged service of process documents. The second contact was a follow up conversation regarding the results of Montoya's interview with the Plaintiff. Thereafter, I never spoke with Montoya until the trial of the Plaintiff on criminal charges related to Montoya's discovery of fraud regarding the misuse of Employees of the State of Colorado and State Property to perpetuate the fraud upon the district courts in El Paso County in two civil cases wherein the Plaintiff offered fraudulent documents to obtain default judgments against Opal Wilson. XX. Deny, Charity's Crafted Keepsakes is not a legal entity. YY. Deny, registration with a tax number is not legal recognition of an entity and otherwise this question is irrelevant (FRE 104). ZZ. Object based on relevancy (F.R.E. 104) and privacy (see footnote 1). AAA. Object based on relevancy (F.R.E. 104) and privacy (see footnote 1). BBB. Deny, the signature is a forgery. CCC. Deny, the signature is a forgery. DDD. Deny, I have personal knowledge of the contents of Opal's residence and no such sideboard exists. EEE. Deny, and otherwise irrelevant (F.R.E. 104). FFF. Object based on relevancy (F.R.E. 104). 2

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GGG. Admit. HHH. Deny. Additional defenses have been raised and are available. III. JJJ. Deny based on Opal's silence (silence is answering in the negative) regarding any knowledge of the fraud perpetuated on her by Plaintiff. Object based on relevancy (F.R.E. 104) and privacy (see footnote 1).

KKK. Admit. Plaintiff kept the documents and liens and lawsuits a secret until Opal's death for the sole purpose of completing the intended fraud of which Plaintiff has already been convicted in a criminal case. LLL. Deny. Plaintiff is a convicted forger and felon. The signature on the invoice is a forgery. MMM. Deny. Plaintiff cannot prove ownership of the sideboard. Therefore, Plaintiff could not sell what Plaintiff did not own. NNN. Admit and object as irrelevant (F.R.E 104). OOO. Admit and object as irrelevant (F.R.E. 104). PPP. Deny. QQQ. Deny. RRR. Deny. SSS. Deny. TTT. Deny. Footnote 1: Federal Identity Theft Assumption and Deterrence Act of 1998 - 18 U.S. Code section 1028. The Act makes it a federal crime to use another's identity to commit an activity that violates
Federal law or that is a felony under state or local law. Violations are investigated by federal agencies including the Secret Service, the FBI and the Postal Inspection Service and prosecuted by the U.S. Department of Justice. (Because Hawkinson is a convicted felon regarding the forgery of documents involving the theft of personal information of another person without their knowledge or consent, it is the opinion of counsel that Hawkinson is guilty of additional uncharged crimes involving identity theft and therefore the disclosure of personal information that is not relevant pursuant to F.R.E. 104 to the ultimate issue as in this case of the violation of a person's civil rights may also be protected under the Federal Identity Theft Assumption and Deterrence Act of 1998, in the special circumstances of this case.)

"I declare under penalty of perjury under the laws of the State of Colorado that the foregoing answers are true and correct. 11-29-06 (DATE) (SIGNATURE) /s/ R. Lynn Keener Individually and for the Estate Of Opal Wilson 3 "

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NOTICE: IF ANY INFORMATION NEEDED TO ANSWER THE ABOVE INTERROGATORIES IS NOT OBTAINED UNTIL AFTER FILING YOUR ANSWERS, OR IF YOU LATER OBTAIN INFORMATION AFTER FILING YOUR ANSWERS WHICH INDICATES THAT YOUR INITIAL ANSWERS WERE INCORRECT, OR NO LONGER TRUE AND ACCURATE, YOU HAVE A CONTINUING DUTY TO SUPPLEMENT OR AMEND YOUR PREVIOUSLY SUBMITTED ANSWERS PURSUANT TO RULE 26(e) OF THE FEDERAL RULES OF CIVIL PROCEDURE AND APPLICABLE FEDERAL CASE LAW. "I declare under penalty of perjury under the laws of the United States of America and the State of Colorado that the foregoing objections are true and correct and based on valid principles of law." By:__/s/_Robert J.M. Scranton_______________ Robert J.M. Scranton, 30638 (Colo.) Attorney for Amended Defendants R. Lynn Keener, Robert Scranton and the Estate of Opal Wilson 231 E. Vermijo Ave. Colorado Springs, CO 80903 (719) 477-0333

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Case 1:04-cv-01271-EWN-BNB

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Filed 01/25/2007

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CERTIFICATE OF SERVICE (CM/ECF) I HEREBY CERTIFY that on the 25tht day of January, 2007, I electronically fined the forgoing SECOND AMENDED DEFENDANT'S ANSWERS TO PLAINTIFF'S INTERROGATORIES AND REQUESTS FOR ADMISSIONS with the Clerk of the Court using the CM/ECF system and hereby certify that I have mailed or served the foregoing document on the following non-CM-ECF participant(s) in the manner (mail, hand delivery, etc.) indicated by the non-participant's name: VIA U.S. MAIL: Patrick M. Hawkinson #62702 P.O. Box 6000-SCF Sterling, CO 80751

By:__/s/_Robert J.M. Scranton_______________ Robert J.M. Scranton, 30638 (Colo.) Attorney for Amended Defendants R. Lynn Keener, Robert Scranton and the Estate of Opal Wilson 231 E. Vermijo Ave. Colorado Springs, CO 80903 (719) 477-0333

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