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.