Annette K. Hand, Sui Juris
Donald G. Hand, Sui Juris
Citizens of New York state
c/o General Delivery
St. James [zip code exempt]
NEW YORK STATE

In Propria Persona

All Rights Reserved
without prejudice




             SUPREME COURT OF THE STATE OF NEW YORK

                        COUNTY OF SUFFOLK


THE DIME SAVINGS BANK         )  Index No. #20987/96
OF NEW YORK, FSB [sic]        )
                              )  NOTICE OF OBJECTION AND VERIFIED
          Plaintiff,          )  OBJECTION TO QUALIFICATIONS
                              )  OF REFEREE;  NOTICE OF INTENT
     v.                       )  TO REMOVE CASE TO COURT OF
                              )  COMPETENT JURISDICTION:
ANNETTE K. HAND [sic],        )
ET AL. [sic],                 )  Full Faith and Credit Clause;
                              )  Due Process Clause;  Seventh
          Defendants.         )  Amendment
______________________________)


COME NOW  Annette K.  Hand, Sui Juris,  and  Donald G.  Hand, Sui

Juris, Citizens  of New York state, expressly not citizens of the

United States  ("federal citizens"),  and Defendants in the above

entitled matter  (hereinafter "Defendants"),  to  provide  formal

Notice to  all  interested  party(s),  and  to  demand  mandatory

judicial Notice  by this  honorable Court,  pursuant to  the Full

Faith and Credit Clause in the Constitution for the United States

of   America,    as   lawfully    amended   (hereinafter    "U.S.

Constitution"), of  this, Defendants'  formal  Objection  to  the

qualifications  of  the  one  named  KENNETH  A.  AUERBACH  [sic]

(hereinafter "Mr.  Auerbach"), previously  appointed by  ORDER of

this Court, dated March 24, 1997.


     Verified Objection to Referee/Notice of Intent to Remove:
                          Page 1 of 11


     Mr. Auerbach  has been  appointed by this Court specifically

to ascertain and compute the amount due to the Plaintiff upon the

note and  mortgage upon  this action  was brought, and to examine

and report  whether the  mortgaged premises  can be  sold in  one

parcel.   See ORDER  dated March 24, 1997, as previously filed in

the official Court record of the instant case.


                      GROUNDS FOR OBJECTION

     Mr. Auerbach  exhibits the title of nobility "Esquire" after

his nomme  de guerre  (name all  in CAPITAL LETTERS).  Defendants

have recently  acquired verifiable,  newly  discovered,  material

evidence of  the  original  Thirteenth  Amendment  (1819),  which

prohibits the  exercise of  titles of nobility, and specifies two

penalties for their exercise:  (1) permanent loss of citizenship,

and (2)  permanent disqualification  from  ever  serving  in  any

public office anywhere in the United States of America, including

the state zone and the federal zone.  See attached essay entitled

"Esquires," which  is incorporated  by reference  as if set forth

fully herein.   The  omission of any provisions in said amendment

for restoring citizenship or removing said disqualification means

that Congress intended the disqualifications to become permanent.

Confer at  "inclusio unius  est exclusio alterius" in Black's Law

Dictionary, Sixth Edition.

     Secondly, formal  Notice is  hereby given  to all interested

party(s),  and  mandatory  Notice  is  hereby  demanded  of  this

honorable Court,  of the federal regulations found at 31 CFR 51.2

and 52.2.   Said  regulations provide  conclusive evidence of the

existence  of   separate  and  distinct  de  facto  and  de  jure

governmental systems, working in parallel within New York state.


     Verified Objection to Referee/Notice of Intent to Remove:
                          Page 2 of 11


     The de  jure state  governments [sic] are operating lawfully

under the  Tenth Amendment  in  the  organic  U.S.  Constitution;

whereas the  de facto State Governments are operating under color

of federal  municipal  (federal  zone)  law,  proceeding  on  the

rebuttable  presumption   that  State   Governments   [sic]   are

territories of the United States (federal government).

     As Citizens  of New  York state who are not also citizens of

the United States ("federal citizens"), Defendants cannot be sued

in any  de facto forums, because such suits deprive Defendants of

their fundamental  Right to  due process  of  law  in  courts  of

competent jurisdiction.   Said  Right is guaranteed to Defendants

by the U.S. Constitution and also by the Constitution of New York

state (de  jure government).  See Fifth Amendment;  International

Covenant on Civil and Political Rights;  Universal Declaration of

Human Rights, enacted by Congress with explicit Reservations (see

standing  for  "localities").    Defendants  never  waived  Their

fundamental Right  to due  process of  law.  See Rule 38, Federal

Rules of Civil Procedure, in pari materia.


                    INCORPORATION OF EXHIBITS

     Defendants hereby  provide formal  Notice to  all interested

party(s), and  demand mandatory judicial Notice by this honorable

Court, pursuant  to the  Full Faith and Credit Clause in the U.S.

Constitution, of  the following  additional documents  which  are

attached hereto  and incorporated  by reference  as if  set forth

fully herein:

     1.   Division of  State Archives  and Public  Records, Terry
          Ketelsen, State  Archivist of  Colorado,  certification
          dated February 9, 1996, of:  EXCERPT. AMENDMENTS TO THE
          CONSTITUTION OF  THE UNITED  STATES, ARTICLES  I - XIV,
          PAGES 25, 26, 26 AND 28.  [see Article XIII [sic]]


     Verified Objection to Referee/Notice of Intent to Remove:
                          Page 3 of 11


     2.   LAWS OF  THE UNITED  STATES OF AMERICA, from the 4th of
          March, 1789,  to the  4th of March, 1815, including the
          Constitution of  the United  States,  the  Old  Act  of
          Confederation,  Treaties,   and  Many   Other  Valuable
          Ordinances  and   Documents:  with  Copious  Notes  and
          References, reprint  published by  Wm. W. Gaunt & Sons,
          Inc., 3011  Gulf Dr.,  Holmes Beach, FL 34217-2199, USA
          (1989), pages 60 thru 74, 613. [see Article XIII [sic]]

     3.   Letter dated  September 26,  1996, to  Mr. Paul  Andrew
          Mitchell,  2509   N.  Campbell,  Number  1776,  Tucson,
          Arizona,  from   Robert  W.   Schroeder  III,   Special
          Assistant to  the Counsel  to the  President, The White
          House, Washington.

     4.   The Constitution  of the  United States  as provided by
          the Special  Assistant to  the Counsel to the President
          on September 26, 1996.  [see Amendment XIII [sic]]

     5.   FOIA  Request  dated  September  14,  1996,  from  Paul
          Andrew, Mitchell,  B.A., M.S., Citizen of Arizona state
          and federal  witness, to  William J. Clinton, The White
          House, 1600 Pennsylvania Avenue, Washington, D.C.


                        NOTICE OF INTENT

     Wherefore,  all   premises  having   been  duly  considered,

Defendants hereby  exercise their  fundamental Rights,  under the

First Amendment  Petition Clause  and Fifth Amendment Due Process

Clause, to  provide formal  Notice to  all interested party(s) of

Defendants' intent  to petition a court of competent jurisdiction

for a warrant of removal of the instant case, with all deliberate

speed, in  which to  demand,  and  enjoy,  due  process  of  law,

including but  not limited to declaratory relief from a competent

and qualified jury of peers, pursuant to the Seventh Amendment.


                          VERIFICATION

We, the Undersigned, proceeding In Propria Persona and Sui Juris,

hereby verify,  under penalty  of perjury,  under the laws of the

United States  of America, without (outside) the "United States",

that the  above statement  of facts and laws is true and correct,

to the best of Our current information, knowledge, and belief, so

help Us God, pursuant to 28 U.S.C. 1746(1).


     Verified Objection to Referee/Notice of Intent to Remove:
                          Page 4 of 11


Dated:  May 15, 1997


Respectfully submitted,

/s/ Annette Hand
______________________________________________
Annette K. Hand, Sui Juris
Citizen of New York state
(expressly not a citizen of the United States)


/s/ Donald Hand
______________________________________________
Donald G. Hand, Sui Juris
Citizen of New York state
(expressly not a citizen of the United States)

All Rights Reserved without Prejudice


     Verified Objection to Referee/Notice of Intent to Remove:
                          Page 5 of 11


                            Esquires

                               by

                         John E. Trumane
                       all rights reserved


     As the story goes, there is a painting somewhere in the vast
hallways of  the Smithsonian  museum which shows British soldiers
boarding a  sailing ship,  muskets in  hand.   The ship  is in an
American port,  and the soldiers are returning home after the War
of 1812.
     There is  a problem  with this  picture  which  may  not  be
immediately apparent  to the  casual viewer.   Our  history books
tell us that the British lost that war.  History should also tell
us that  the winners  in a  war usually (but not always) take the
guns away  from the  other side.   So,  why  were  these  British
soldiers boarding their warship, guns in hand?
     The answer  to that  question was provided to me by a common
law judge  in the  California Republic.  He had recently presided
over a  jury trial  in which "titles of nobility" were the issue.
The jury  was presented  with evidence  and  arguments  that  the
"real" 13th  Amendment did  not ban  slavery after the Civil War.
That amendment was really the 14th Amendment.
     The "real"  13th Amendment  was ratified by three-fourths of
the Union states before the War of 1812.  It placed into the U.S.
Constitution a  specific ban  against  titles  of  nobility,  and
defined a  penalty for  those who  accepted such  titles.    That
penalty was  a loss  of citizenship and a loss of eligibility for
public office.
     My friend,  the common  law judge,  explained to me that the
jury had  reached a  unanimous verdict  that the ban on titles of
nobility had, indeed, been duly ratified as a lawful amendment to
the Constitution  for the  United States  of America.  By banning
titles of  nobility and  defining the penalty for using them, the
original 13th  Amendment was  specifically intended  to keep  bar
members out of public offices throughout America.
     You may  recall that  the qualifications  for serving in the
White House,  the Senate,  and the  House of  Representatives all
have one  thing in  common:   the would-be  official  must  be  a
"Citizen of the United States."  Since the 14th (15th?) amendment
did not  appear until  1868, the  term "United  States" in  these
provisions means  "States United,"  and "Citizen  of  the  United
States" means "Citizen of one of the States United."
     The U.S.  Constitution thus  contains a specific prohibition
against titles of nobility, and a specific penalty for their use,
i.e., the  loss of citizenship and disability from holding public
office.  The loss of citizenship means that a Person who was born
or naturalized  a Citizen  would lose  that  status  and  thereby
become an  "alien" with  respect to the United States of America.
Since the  qualifications for serving in federal elective offices
all  require   citizenship,  an   "alien"  is,   by   definition,
disqualified  from  eligibility  for  these  offices  (President,
Senator, and Representative).


     Verified Objection to Referee/Notice of Intent to Remove:
                          Page 6 of 11


     In  my   conversation  with   the  common   law  judge  from
California, we  next considered  if it  was possible,  under  the
original 13th  Amendment, to restore citizenship by renouncing or
rescinding a  title of  nobility.   A close  examination  of  the
amendment's language  did not  reveal any  such  provision.    In
matters of  statutory construction  (determining the real meaning
of statutes),  there is  a principle that the specific mention of
one thing  is the  specific exclusion  of all things that are not
mentioned.   In Latin,  expressio unius est exclusio alterius. In
other words, what was omitted was intended to be omitted.
     The original  13th Amendment does not contain any provisions
for restoring  citizenship by renouncing or rescinding a title of
nobility.  Evidently, if the framers of that amendment had wanted
citizenship to  be restored  to those  who renounced their titles
(e.g. Esquire),  then the amendment would have contained language
to make  that possible.  The absence of such language can be used
to prove,  under the  principle of  expressio unius  est exclusio
alterius, that  it is  not possible  to restore one's citizenship
after accepting a title of nobility.
     Now,  the   original  13th   Amendment  raises   some   very
interesting questions  of law,  or Law, as the case may be.  If a
law school  graduate should  join the  Bar in  the state  of  his
domicile, he  would join the elite company of "Esquires."  In the
United States  of America,  this is  the title  commonly appended
after the  name of an attorney (see Black's Law Dictionary, fifth
edition). If  we are  correct in our construction of the original
13th Amendment,  then it is correct to say that "Once an Esquire,
always an Esquire."
     If our  up-and-coming Esquire  should develop  a  successful
practice, it  could (and  often  does)  happen  that  s/he  might
consider running  for federal  office, let's  say  the  House  of
Representatives.   Would s/he  be eligible  for that office?  The
Answer is  NO, because  the title  of Esquire makes it impossible
for that person ever to be eligible for the offices of President,
Senator, or  Representative.  As a resident alien, that person is
definitely NOT  eligible for  election to  those offices,  nor is
that person  eligible for naturalization.  So, there is no chance
that such  a person  could ever  hold such  an office,  under the
supreme Law of the Land.
     Let's take  this argument one step further.  Assume, for the
moment, that  John Q.  Esquire does  get elected  to the House of
Representatives, by  some quirk  of circumstances (or intentional
cover-up).   Would Mr.  Esquire be  a  lawful  occupant  of  that
office?  Answer:  NO.  Would Mr. Esquire be capable of exercising
the powers  and privileges  of that  office?  Answer:  NO.  Would
Mr. Esquire be qualified to vote on the matters which came before
that august  body?   Answer:   NO.  If Mr. Esquire did attempt to
cast a  vote on any of the matters which came before the House of
Representatives, his  vote would be null and void ab initio (from
the outset).   In  other words,  his vote  would not be a vote at
all, would it?
     How many  Esquires  does  it  take  to  nullify  an  act  of
Congress?   One?  Two?  Fifty-one percent?  How many Esquires are
presently seated  in Congress?   Is  it  greater  than  fifty-one
percent?   Is it  greater than  a quorum?  Or does it really take
only one  Esquire to  spoil the whole barrel of apples?  Maybe we
should reconvene  that California  common law  jury and  put this
question to  them as well, because we now appear to have a really
big problem on our hands.


     Verified Objection to Referee/Notice of Intent to Remove:
                          Page 7 of 11


     If the Senate and House of Representatives ever consisted of
members who  were disqualified  from serving  there by  reason of
their titles  of nobility,  then every single act of those bodies
was completely null and void from the beginning.   As an Illinois
State Court  once ruled, "it never became a law and was as much a
nullity  as  if  it  had  been  the  act  or  declaration  of  an
unauthorized assemblage of individuals."  (Ryan v. Lynch, 68 Ill.
160)   A House or Senate consisting of Esquires for members is an
unauthorized assemblage of individuals, and ALL their legislation
is completely null and void.
     Now ask  yourself this question:  Since the War of 1812, the
approximate time  at which  the original  13th  Amendment  surely
became Law,  how many  sessions  of  the  House  or  Senate  were
conducted by  Members  who  had  previously  accepted  titles  of
nobility?   If your  answer is  one hundred percent, then you are
probably right.
     The shocking  fact is  this:  Every session of the House and
Senate since  1812 has  consisted of  members who  were attorneys
with the  title of  Esquire conveniently  appended to  the end of
their names.   This  means that  every session  of the  House and
Senate since  1812 has  attempted to  pass legislation  which was
null and  void from its inception.  Do you have any favorite laws
which come to mind?
     How about  the Trading with the Enemy Act of 1917?  There is
a magnificent collection of research by Dr. Eugene Schroder which
shows how  our vaulted Congress amended this Act in 1933 in order
to  define   all  Americans  as  enemies  of  the  United  States
government.   Were these  acts of  Congress valid, if its members
were Esquires at the time of its passage?  Answer:  NO.
     How about  the Federal  Reserve Act  of 1913?   This  Act of
Congress created our vaulted Federal Reserve system, and the debt
money system  to which  we are  all shackled for life (it seems).
Was this  act of  Congress valid, if its members were Esquires at
the time of its passage?  Answer:  NO.
     How about the 16th amendment proposal?  This Act of Congress
sent the  16th Amendment  out to  the states  for ratification in
1911.   Another magnificent collection of research by Bill Benson
and Red  Beckman shows  how the  48 states completely botched the
ratification of  that proposal.   Now  ask yourself  the  obvious
question:   Was Congress authorized to issue that proposal in the
first instance,  if its  members were Esquires at the time of its
passage?  Answer:  NO.
     How about the 17th Amendment proposal?  This Act of Congress
sent the 17th Amendment out to the states for ratification at the
same time  as the  16th Amendment  proposal.    It  purported  to
convert the  election of  U.S. Senators to a popular vote.  Under
the  "old"   procedure,  Senators   were  elected  by  the  state
legislatures (resulting  in much  lower campaign costs).  Was the
Congress authorized to issue that proposal in the first instance,
if its members were Esquires at the time of its passage?  Answer:
NO.
     If the  17th Amendment  was never properly ratified, then we
surely have  not had  a lawfully  convened U.S.  Senate at  least
since 1917.   This,  then, means that all the treaties which were
allegedly approved  by the  U.S. Senate  since then are also null
and void.   What  about GATT?   NAFTA?  the Genocide Treaty?  the
United Nations?   Round  and round we go;  where it stops, nobody
knows?   On the contrary, we stop in 1812, the year of our second
war with  England.   We have not had a lawfully convened Congress
at least since the year 1812.


     Verified Objection to Referee/Notice of Intent to Remove:
                          Page 8 of 11


     Now, what  about those  British soldiers  who were  boarding
their warship,  guns in  hand, at  the end  of that  war?   Is it
possible that  they were  not  really  the  vanquished,  but  the
victors?    Didn't  they  just  finish  burning  the  Library  of
Congress?   Wasn't that  where  evidence  of  the  original  13th
Amendment  had   been  kept,  under  the  watchful  eyes  of  our
government record custodians who fled for their lives?
     What those  soldiers didn't  know was that the original 13th
Amendment  had   "leaked"  out  to  other  states,  whose  record
custodians did  not suffer  the loss  of their  libraries.   When
their official  versions of  the U.S.  Constitution show  a  13th
amendment which  bans titles  of nobility,  and those  very  same
versions do  NOT show  any ban against slavery (which didn't pass
until after  the Civil  War), you begin to suspect that something
very strange is going on here.
     There has not been a single act of Congress since 1812 which
has been  properly enacted  into law.  Not a single one!  So, you
can throw  out your  Internal Revenue Code, and along with it all
of your 50 United States Codes, and your Federal Reserve Act, and
your Trading  with the  Enemy Act,  and your  treaties, and  your
federal  regulations,   and  your   resolutions  and  your  Joint
Interdepartmental delegations  of authority,  because they had no
authority under  the real  Constitution for  the United States of
America.  NONE!
     Attorneys beware.


                             #  #  #


     Verified Objection to Referee/Notice of Intent to Remove:
                          Page 9 of 11


                        PROOF OF SERVICE

I, Donald  G. Hand,  Sui Juris,  hereby certify, under penalty of

perjury, under  the laws of the United States of America, without

the "United  States," that  I am  at least  18 years  of  age,  a

Citizen of  one of  the United  States of  America,  and  that  I

personally served the following document(s):

           NOTICE OF OBJECTION AND VERIFIED OBJECTION
                  TO QUALIFICATIONS OF REFEREE;
            NOTICE OF INTENT TO REMOVE CASE TO COURT
                    OF COMPETENT JURISDICTION

by placing one true and correct copy of said document(s) in first

class United  States Mail,  with  postage  prepaid  and  properly

addressed to the following:


BERKMAN, HENOCH, PETERSON & PEDDY, P.C.
Attorneys [sic] for the Plaintiff
The Dime Savings Bank of New York, FSB
c/o 777 Zeckendorf Boulevard
Garden City [zip code exempt]
NEW YORK STATE

Nathanson, Devack & Memmoli, L.L.P.
Attorney [sic] for Defendant
Key Bank of New York
c/o 820 Hempstead Turnpike
Franklin Square [zip code exempt]
NEW YORK STATE

Sylvain R. Jakabovics, Esq.
Attorney [sic] for Defendant
L. C. Commercial Corporation
c/o 230 Park Avenue, Suite 864
New York [zip code exempt]
NEW YORK STATE

Batzar & Weinberg, P.C.
Attorney [sic] for Defendant
European American Bank & Trust Company
c/o 184 Sunrise Highway, Box 427
Rockville Center [zip code exempt]
NEW YORK STATE

NYS Commissioner of Taxation & Finance
NYS Office Building
Veterans' Memorial Highway
Hauppauge [zip code exempt]
NEW YORK STATE


     Verified Objection to Referee/Notice of Intent to Remove:
                          Page 10 of 11


Mitchell N. Kay, Esq., Attorney [sic] for Defendant
American Express Travel Related Services Company, Inc.
c/o 7 Penn Plaza, 18th Floor
New York [zip code exempt]
NEW YORK STATE

KENNETH A. AUERBACH, ESQ.
c/o 77 Medford Avenue
Patchogue [zip code exempt]
NEW YORK STATE


Dated:  __________________________________

/s/ Donald Hand
__________________________________________
Donald G. Hand, Sui Juris
Citizen of New York state
(expressly not a citizen of the United States)

All Rights Reserved without Prejudice


[See USPS Publication 221 for addressing instructions.]


     Verified Objection to Referee/Notice of Intent to Remove:
                          Page 11 of 11


                             #  #  #
      


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Dime Savings Bank v. Hand et al.