Memorandum

To: CC:

Detective K. C. Buffalow

Governor Nathan Deal, Department of Revenue, Douglas J. MacGinnitie, Frank OConnell, Deputy Chief Investigator Steve Payne, Dale Cardwell with TrustDale.com, Viola Davis, Unhappy Taxpayer & Voter, media, and all appropriate parties
From: Date:

Johnny L. Davis Jr. 12/10/2012 Penalty of Perjury against Joe Dean vs. Own to Operate Stolen 18 Wheeler Truck
Re:

Penalty of Perjury against Joe Dean vs. Own To Operate Stolen 18 Wheeler Truck

Johnny L. Davis Jr. with Own To Operate, Inc. purchased the Magistrate Court transcript on December 7, 2012 between Johnny L. Davis Dr (Petitioner). Vs. Joseph Bernard Dean (Respondent) for the pre-issuance hearing for an arrest warrant for return of the stolen 2001 Freightliner tractor truck (Clayton County Case No. 12065113). The Magistrate Court transcript recorded the testimony of Joseph Bernard Dean which totally contradicts the sworn statements of the owner, witnesses, and third party documentation. This evidence further gives proof that Joseph Bernard Dean engaged in illegal criminal activity to obtain the 2001 Freightliner tractor truck from Own To Operate, Inc. The statement and evidenced include: 1) Page 7: a) The Court: Mr. Dean did you follow the legal procedures to get the legal right to sell that vehicle? b) Respondent: Yes sir. I have all my documents here. c) The Court: Okay. Let me see your documents then. And have you shown them to Mr. Davis? d) Respondent: As a matter of fact this was the certified letter, and I have all the documents to Mission Finance. I did the title search. I read the

i) The Department of Revenue returned the title to Johnny L. Davis because there were discrepancies and evidence that Dean did not follow the legal procedures to get the legal right to sell the 2001 Freightliner. Joe Dean made comments about Mission Finance; however, Mission Finance had a lien on the 2001 Freightliner. Dean had no right to information on Johnny Davis private financial information with Mission Finance without contact Davis first to obtain permission. No one from Mission Finance contacted Johnny Davis concerning the transfer of the title and/or court hearing. ii) Johnny Davis was given his title back; however, he was denied issuance of his title from the Department of Revenue until he had documentation that the lien was paid. How did Joe Dean get the title on the 2001 Freightliner when there was still a lien on the 18 wheeler truck? (see Scan Doc 95,106,112,113,115,116, and 118) 2) Page 10: a) Respondent: I finished the truck September the 21st, 2011. i) The evidenced will show that Joe Dean informed the Davis Family, owners of the business Own To Operate, the truck was not finished and he needed additional time to complete the repair. Johnny Davis complained to Joe Dean that the truck was not repaired and requested he fix the truck since he had already been paid. The excuses changed over time and Dean did not deliver the truck despite making promises to return the truck. The last promise to return the truck was made by Joe Dean in the month of May and Johnny Ray Davis (brother of Johnny L. Davis) and Viola Davis were witnesses. (see Scan Doc. 95) 3) Page 10: a) Respondent: Ive done that before with Johnny and Johnny always want to be slow about paying. i) Johnny Davis with Own To Operate has done business with Joe Dean for over 15 years. In that time span, Johnny Davis did not pay Joe Dean late and has never gone through legal action due to non-payment. There are three checks dated 4/5/12, 5/6/12, and 5/16/12 that were cashed by Joe Dean for truck repair. Johnny Davis paid Dean in advance for repair of the 2001 Freightliner. 4) Page 10: a) Respondent: He (Johnny) let Everhart use the trailer for collateral to get his motor fixed. That deal was with the trailers in Christopher Everharts name.

i) Christopher Everhart signed a notarized statement that stated he received the trailer from Joe Dean after Johnny Davis signed the title over to Joe Dean as payment for the repairs on a 2001 Freightliner. Everhart stated that Dean asked him to stay out of this issue; however, Everhart said that he told Dean that he would not lie for him (Dean). (see Scan Doc 89 and 95) 5) Page 11: a) Respondent: I need my money. So he tells me, you aint getting no money out of me no way. So we had a few words Johnny left. He left around October. I did not hear nothing else from Johnny. i) Johnny Davis has the phone records from his business phone (404-3090041) to demonstrate the constant contact and phone conversations between himself and Joe Dean (404-909-3008). From August 2011 to May 2012, Davis and Dean spoke over 215 times (see Scan Doc. 95and 96). Members of Johnny Davis family visit Joe Deans business several times during these months. Joe Dean is lying. 6) Page 11: a) Respondent: I tried to call Johnny. I even tried to call his sister because I been knowing them for a long time. And when I tried to call him, no calls. i) The evidence will show that there were over 200 calls between Johnny Davis and Joe Dean. The Davis Family visited Joe Deans business multiple times during this time period and were never informed of the change in title, delinquency in payment, and/or selling of any equipment to a third party. (See Scan Doc. 95 & 96) 7) Page 11: a) Respondent: He (Johnny) comes back in .February, March, April- it was either like March like either round about March 27th or something like that. Well he gave me a phone call and he said Joe, Where is the truck at? Do you have my truck? i) Johnny Davis did not know that Joe Dean had taken the title to the 2001 Freightliner tractor truck until he went to pay the ad valorem tax and was informed the truck was reported abandoned. Davis and Dean spoke with each other over 200 times on the phone. There were multiple visits to the place of business of Joe Dean for truck repair and general interactions during this time span. (See Scan Doc 93, 95, and 96) 8) Page 11:

a) Respondent: I said, yeah, but A.J. has taken control of the truckI signed the truck over to A.J., okay? And when I did, I filed the paperwork, I filed my legal documents. We went down there and we filed the paperwork. i) Johnny Davis did not know that any legal action was taken on his 2001 Freightliner because he was not informed by Dean or by mail/legal notice. Davis paid Dean in full prior to the work beginning and has witnesses. Johnny Davis continued to pay on the insurance for the 2001 Freightliner during this time. Why would anyone pay for insurance for an 18 Wheeler truck he did not own. (see Scan Doc. 89and 95) 9) Page 12: a) Respondent: He agreed to buy the truck back from A.J. He said, give him three to four weeks that he would buy the truck back from A.J. i) Johnny had no reason to buy the truck back from A.J. because he never sold his truck. Joe Dean did not have the right to sell the 2001 Freightliner. These actions were illegal and beg to question if both Joe Dean and AJ Gabriel were working together to steal this equipment. (see Scan Doc 89, 95, 112, 115, 116) 10) Page 13: a) The Court: So how did Mr. Gabriel get possession of the 01? b) Respondent: How did Mr. Gabriel possession of the 01 is actually I sold it to him. Afterafter the filing date of the order and everything well I sold it to Mr. Gabriel for the bill. And thats what the order that foreclosed on the order said. i) Joe Dean did not have the right to sell the 2001 Freightliner because he was paid in full for the repairs as witnessed by Everhart, Johnny Ray Davis, Viola Davis, and myself. We were unable to find the initial Magistrate hearing to take the 2001 Freightliner in the court filing. We were trying to get the information on the initial hearing and could not locate any hearing in Clayton. We made copies of the different courts and hearings under Joseph Deans name. (see Scan Doc. 89,95, and 00) 11) Page 13: a) Respondent: Mr. Gabriel got this very first letter from the Department of Revenue saying that they theres some discrepancies in here. i) Evidence will show that Joe Dean did not follow the process and used theft by conversion, forgery, and perjury (etc.). The Department of Revenue

returned the title to Johnny Davis company Own To Operate. (see Scan Doc 95, 106, 112, 113, 115, 116)

Facts to Consider:
Joe Dean knew Johnny L. Davis home located at 1970 Covent Court was foreclosed in 2010 which is over one year before mailing the certified letter/notice. (see Scan Doc 118)

We are unable to locate the initial (first) Magistrate Court hearing on this case to take the 2001 Freightliner. We have no dates and/or records. We copied the court hearings under Joe Deans name. (see Scan Doc 118)

Were unable to locate the Franklin County Magistrate Court hearing that forced the Georgia State Patrol police officers to return the stolen 2001 Freightliner to the criminals.

We are extremely concerned that these criminals were able to obtain a title despite the fact that our stolen 18 Wheeler Truck had a lien on the title from the financing company.