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28 Stip and Order

McGREGOR W. SCOTT

United States Attorney

G. PATRICK JENNINGS

Trial Attorney, Tax Division

U.S. Department of Justice

P.O. Box 683

Ben Franklin Station

Washington, D.C. 20044-0683

Telephone: (202) 307-6648

Facsimile: (202) 307-0054 

Attorneys for the United States of America

IN THE UNITED STATES DISTRICT COURT FOR THE

EASTERN DISTRICT OF CALIFORNIA

)

UNITED STATES OF AMERICA )

)

Plaintiff, )

)

v. )

)

BRET ALLEN PETRICK )

)

Defendant. )

)

)

Civil No. CIV-S-04-2430 FCD PAN PS

STIPULATION FOR ENTRY OF ORDER

NULLIFYING FALSE LIEN FILINGS and

ENJOINING FUTURE FILINGS, and

ORDER

The United States of America and defendant Bret A. Petrick (hereinafter “Petrick”)

hereby stipulate and agree as follows and request entry of a dispositive order as set forth below:

 1. Petrick admits that there has never been any contractual, business or other debtor

relationship between him and Uyen Helen Nguyen, Lynn D. Buckley, and Dennis L. Parizek

(hereinafter the “IRS employees”), that justified the filing of the following UCC-1 Financing

Statements (hereinafter the “Financing Statements”):

Date Filed Document Number Filed Against

November 22, 2002 0233060188 Dennis Parizek, Operations Manager

August 28, 2002 0224160017 Uyen Helen Nguyen, Revenue Agent

November 22, 2002 0233060180 Lynn Buckley, Group Manager 

All contacts between Petrick and the IRS employees pertained solely to federal tax collection or

determination against Petrick. 

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28 - 2 - Stip and Order

 2. Petrick agrees and stipulates to entry of an order deeming that the Financing Statements

are null and void and without any legal effect against the IRS employees.

 3. Petrick further agrees and stipulates to entry of an order prohibiting and enjoining him

from filing in the future any documents that purport to create a lien or encumbrance against the

real or personal property of any federal officer or employee.

 4. Petrick further stipulates and consents to any actions required to nullify, void or

expunge the official records or any credit report item caused by Petrick’s Financing Statements.

 5. Petrick agrees to cooperate fully with the Internal Revenue Service in its ongoing

investigation of matters relating to the Financing Statements.

 6. Each party shall bear its own costs and attorneys’ fees incurred in this action. The

parties request entry of the order set forth below.

McGREGOR W. SCOTT

United States Attorney

Dated: June 14, 2005 /s/ G. Patrick Jennings

G. PATRICK JENNINGS

Trial Attorney, Tax Division

U.S. Department of Justice

Post Office Box 683

Ben Franklin Station

Washington, D.C. 20044

Telephone: (202) 307-6648

Facsimile: (202) 307-0054

Dated: June 14, 2005 /s/ Bret A. Petrick (original signature retained by

attorney G. Patrick Jennings)

BRET A. PETRICK

142 Regent Court

Los Gatos, CA 95032

Telephone: (408) 358-0084

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28 - 3 - Stip and Order

ORDER

IT IS HEREBY ORDERED THAT the following filings with the California Secretary

of State by Bret A. Petrick are null, void, and of no legal effect. 

Date Filed Document Number Filed Against

November 22, 2002 0233060188 Dennis Parizek, Operations Manager

August 28, 2002 0224160017 Uyen Helen Nguyen, Revenue Agent

November 22, 2002 0233060180 Lynn Buckley, Group Manager 

IT IS FURTHER ORDERED THAT Bret A. Petrick is permanently enjoined from

filing any document or instrument which purports to create any non-consensual lien or

encumbrance against the person or property of any employee or officer of the United States.

Dated: June 28, 2005 /s/ Frank C. Damrell Jr. 

FRANK C. DAMRELL JR.

United States District Court Judge

Case 2:04-cv-02430-FCD-PAN Document 25 Filed 06/29/05 Page 3 of 3