Escolar Documentos
Profissional Documentos
Cultura Documentos
2 of 23 P a g e s
NOTICE OF INTERNATIONAL COMMERCIAL CLAIM WITHIN THE ADMIRALTY
LIBELLANT:
LIBELLEES:
3 of 23 P a g e s
Registered US Mail to: DAVID H. YAMASAKI, dba CHIEF EXECUTIVE OFFICER,
CLERK (doctrine of Responde Superior), E. ORFANEL, dba CLERK OF THE
TRAFFIC COURT DIVISION, C. KHA, dba LEGAL PROCESS CLERK, S. CRADDICK,
dba COURTROOM CLERK, R. SORCI dba COURTROOM CLERK, PENELOPE PAHL
dba COMMISSIONER, ROOM 56, JOHN TRIPLETT dba COMMISSIONER, JAMIE
JACOBS-MAY, dba PRESIDING JUDGE (doctrine of Responde Superior), PAINE
WEBBER GROUP dba THE PEOPLE of the STATE OF CALIFORNIA, JUDICIAL
COUNCIL OF CALIFORNIA dba SUPERIOR COURT OF CALIFORNIA, COUNTY OF
SANTA CLARA – TRAFFIC DIVISION, and TR-130 TRAFFIC NOTICE TO APPEAR,
In care of the Postmaster:
DAVID H. YAMASAKI
CHIEF EXECUTIVE OFFICER, CLERK
SUPERIOR COURT OF CALIF., COUNTY OF SANTA CLARA
191 N. First St.
San Jose, CA 95113
LAURI SMITH
SHERIFF, SANTA CLARA COUNTY
55 W. Younger Ave.
4 of 23 P a g e s
San Jose, CA 95110
Registered US Mail to: CHIEF STEPHEN D. LODGE dba SANTA CLARA POLICE
DEPARTMENT (doctrine of Responde Superior), CITY OF SANTA CLARA dba
SANTA CLARA POLICE DEPARTMENT, each
In care of the Postmaster:
JENNIFER SPARACINO
CITY MANAGER
1500 Warburton Ave.
Santa Clara, CA 95050
5 of 23 P a g e s
As with any administrative process, Libellee may controvert the statements
and/or claims made by Libellant by executing and delivering a verified
response point by point, in affidavit form, sworn and attested to, signed by
Libellee with evidence in support by Mail addressed to Notary Acceptor.
Libellee may agree and admit to all statements and claims made by Libellant
by TACIT PROCURATION by simply remaining silent.
Libellee may, after agreeing to all claims put forth by Libellant, enter into
negotiations to settle the agreement/ contract with terms to be agreed upon.
DEFINITIONS
The term “Affiant” means HI&RH Empress Aubreé©™, living flesh and blood
actual woman, non-legal fiction creditor and secured party, injured party,
Libellant.
The term “Libellee” means those opposing parties in this instant action as
they appear in fiction, Stramineus homo, Commercial Straw-man, person,
individual.
The term “Libellant” means HI&RH Empress Aubreé©™, living flesh and
blood actual woman, non-legal fiction creditor and secured party, injured
party, Affiant.
STATEMENT OF FACTS
1. Libellant is not one in the same as any legal fiction entity, 14th Amendment
person, individual, commercial Straw-man or number created by the federal
government.
2. Libellant has never knowingly, willingly and for certain and fair consideration
entered into any contract that would controvert Libellant’s private natural
character status.
3. Libellant is not a trustee, surety, liable party and business partner for any legal
fiction entity or number created by any corporation or the federal government,
and has never knowingly, willingly, and for certain and fair consideration, ever
entered into any contract that would controvert Libellant’s claim on non-surety
status.
6. HI&RH Empress Aubreé©™ has not failed to state a claim upon which relief can
be granted as evidenced on the commercial registry at the California State
Secretary of State’s Office, in the form of a UCC 1 and its amendments, as
evidenced on the commercial registry at the Washington State Secretary of
State’s Office, in the form of a UCC 1 and its amendments, as evidenced on the
commercial registry at the Santa Clara County Clerk-Recorder’s Office records,
in the form of a UCC 1 and its amendments, as evidenced on the commercial
registry at the New York State Secretary of State’s Office, in the form of a UCC 1
and its amendments.
7. The Libellees, and each of their separate agents, Co-Party and Officers, are
committing SCIENTER ACTS (omitting knowledge) in Bad Faith, Fraud,
Conspiracy, Undue Enrichment, Aiding and Abetting, Willful and Wanton,
Irreparable Harm, with Malice and Forethought, Conversion, Commercial War,
Commercial Credit Slander and continuous torts.
8. Any immunity, whether Absolute or Limited are not protective in their acts of
Bad Faith against ROSALIE A. GUANCIONE©™ and that Am Jur 2nd, Volume 17
(A) Clause #298 applies. NO IMMUNITIES WILL PROTECT A PERSON WHO ACTS
IN BAD FAITH.
7 of 23 P a g e s
10. The Libellees, have each, never disclosed the nature and cause and conditions
of the contracts in commerce that were executed on the Libellant.
11. Libellant does not now nor has ever comprehended the offer and contract as it
pertains to ROSALIE A. GUANCIONE©™, HI&RH Empress Aubreé©™.
12. By and through this commercial notice the Libellant notices the Libellees, and
each of their co-partners and the Public, that by mistake, Libellant has moved in
good faith to comprehend and remedy a mistake caused by her misplaced trust
and inability to comprehend the motives of those attempting to contract with
ROSALIE A. GUANCIONE©™, or HI&RH Empress Aubreé©™
13. All contracts and agreements and presentments by any and all Libellees, their
agents, Officers(s) and Employees, are expressly induced by Fraud, Coercion,
Extortion and non-disclosure contracts upon the Libellant.
14. Libellees, their agents, Officers(s) and Employees have created unsupported
commercial documents that were relied upon by third parties to deprive
Libellant of property.
15. Libellees, their agents, Officers(s) and Employees, have used the US Postal
Service and commercial electronic media to send fraudulent unsupported
commercial documents that were relied upon by third parties to deprive
Libellant of property by a fraudulent presumption of pledge.
16. Libellees, their agents, Officers(s) and Employees have used fictitious names on
commercial documents to deprive the Libellant of property.
17. Libellant has no remedy other than contractual and the elements of mistake,
non-jurisdiction and acceptance for value in accordance with Public Policy.
Public Law 73-10
18. Libellees, their agents, Officers(s) and Employees, have failed to adjust the
accounts of ROSALIE A. GUANCIONE©™ in the matter of Accepted for Value
presentments.
19. Libellees, their agents, Officers(s) and Employees, have made false and
fraudulent entries into specially coded files such as Customer Transaction that
courts of fiction rely upon as undisputed evidence without any verified proof of
evidence as fact.
21. Libellees, their agents, Officers(s) and Employees, have never made an
assessment or signed an Assessment Certificate under penalty of perjury, true,
correct, complete and not misleading.
22. Libellees, their agents, Officers(s) and Employees, (is a)/(are) fiction(s) and
Libellant is a visitor in a court of fiction. Libellant is an actual being of the
Creator and is of likeness of character, her law and truth proceeds from the
Holy Scriptures which are truth and not inferior to the world of corrupted fiction
8 of 23 P a g e s
which has no righteousness in it and is manipulated by those claiming immunity
for their acts of confusion and fraud.
23. If the Libellee(s), ITS co-parties and officers discover any errors or omissions,
legal or otherwise, in or related to this instrument, said agents, officers and co-
parties are required to notice the Libellant at the address of the Notary
Acceptor only, with a point by point description of any such errors and
omissions within twenty-one (21) days of receiving this Notice by Mail or forever
admit the lawful execution of this Notice as a matter of the public record.
24. If additional time is required for responding, a request must be received by the
Libellant at the address of the Notary Acceptor within the twenty-one (21) days
allotted or be forever barred from contest under the doctrine or maxim of
Collateral Estoppel.
25. The Libellees, their agents, Officers(s) and Employees, are required to notify the
Libellant within twenty-one (21) days of acknowledgement, acceptance and
agreement to the address of the Notary Acceptor only. You may agree to all
statements and claims by Libellant by simply remaining silent.
26. Libellant, HI&RH Empress Aubreé©™ is using the Copyrighted Statutes only for
her remedy and not for profit.
27. Libellant, HI&RH Empress Aubreé©™ has never granted or authorized the use
of her copyrighted name in any form to any of the Libellees, their agents,
Officers(s) or Employees.
28. Libellant, HI&RH Empress Aubreé©™ has never been paid any usage fees for
the publication of her name in any forum, venue, or any medium of recordation,
by any of the Libellees, their agents, Officers(s) or Employees.
29. Libellees, their agents, Officers(s) and Employees have committed intellectual
property theft against Libellant HI&RH Empress Aubreé©™ by committing acts
of copyright infringement upon her copyrighted name, without her knowledge,
written permission, or payment for use.
30. No sections of the California Vehicle Code apply to sovereign Americans who
are not U.S. citizens, as they have sovereign immunity to state statutes.
31. No sections of the California Penal Code apply to sovereign Americans who are
not U.S. citizens, as they have sovereign immunity to state statutes.
32. HI&RH Empress Aubreé©™, is a sovereign American and not a US citizen, and
she has rebutted the courts presumption that she is a US citizen through public
filings called Act of State, Demand and Notice, UCC-1, and several other
documents.
9 of 23 P a g e s
34. The SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA, TRAFFIC
DIVISION has failed to state a claim for which relief can be granted against
HI&RH Empress Aubreé©™.
35. A Court Commissioner entered a plea for HI&RH Empress Aubreé©™ in case 7-
09-TR-562668 without her consent, because the state court has no jurisdiction
over the sovereign, who has sovereign immunity to all state court jurisdiction.
36. SANTA CLARA COUNTY SHERIFF’S DEPUTY removed documents from the court
file in case 7-09-TR-562668 and handed them to William Bullock Stewart III©™
in order to conceal them from the public record, docket file, and the judge and
jury for the case. Theft of documents from the public record is a violation of
Title 18 UNITED STATES CODE.
37. No member of the SANTA CLARA COUNTY SHERIFF’S DEPARTMENT would act on
the immediate complaint regarding the SHERIFF’S DEPUTY SERGEANT who
removed documents from the court file in case 7-09-TR-562668 and handed
them to William Bullock Stewart III©™ in order to conceal them from the public
record, docket file, and the judge and jury for the case. Theft of documents from
the public record is a violation of Title 18 UNITED STATES CODE. Failure to act
on a crime when it becomes known to the Judicial or Public Safety Officer
constitutes the crime of collusion, conspiracy, racketeering, of the public official
who fails to enforce the law.
38. No member of the CITY OF SANTA CLARA POLICE DEPARTMENT in either of the
two cruisers dispatched to the Santa Clara courthouse would act on the
immediate complaint regarding the SHERIFF’S DEPUTY SERGEANT who removed
documents from the court file in case 7-09-TR-562668 and handed them to
William Bullock Stewart III©™ in order to conceal them from the public record,
docket file, and the judge and jury for the case. Theft of documents from the
public record is a violation of Title 18 UNITED STATES CODE. Failure to act on a
crime when it becomes known to the Judicial or Public Safety Officer constitutes
the crime of collusion, conspiracy, racketeering, of the public official who fails to
enforce the law.
39. Both Commissioner Pahl and Commissioner Triplett refused to provide a jury
trial for the case 7-09-TR-562668 despite the matter in controversy exceeding
$20 in violation of the 7th amendment of the federal Constitution of 1776, and
after written requests for jury trial by HI&RH Empress Aubreé©™.
40. Both Commissioner Pahl and Commissioner Triplett refused to provide a verified
complaint nor a formal arraignment for the case 7-09-TR-562668 despite the
10 of 23 P a g e s
written requests for verified complaint by HI&RH Empress Aubreé©™, in
accordance with CPC 853.9 (a) and (b).
41. Both Commissioner Pahl and Commissioner Triplett refused to recognize the
sovereign immunity of HI&RH Empress Aubreé©™.
42. Both Commissioner Pahl and Commissioner Triplett refused to provide HI&RH
Empress Aubreé©™ with an elected judicial officer to preside over the trial in
case 7-09-TR-562668 despite the written requests HI&RH Empress Aubreé©™
and her right to an elected judge to hear the case based upon the STATE OF
CALIFORNIA Constitution.
43. The STATE OF CALIFORNIA and the JUDICAL COUNCIL OF CALIFORNIA, and each
of their agents, officers, employees, and other representatives, performed acts
of land piracy in violation of United States Code regarding piracy against HI&RH
Empress Aubreé©™ and various other officials of the COUNTY OF SANTA
CLARA, CITY OF SANTA CLARA, and the JUDICIAL COUNCIL OF CALIFORNIA acted
in collusion, conspiracy, racketeering, wire fraud, writ of attainder, violation of
civil rights and other federal Constitutional rights to unhindered travel.
44. While conducting business with the clerks at the Santa Clara courthouse, the 58
year old, handicapped woman, the previous victim of an assault and battery
under color of law without 4th amendment warrant, HI&RH Empress Aubreé©™
was harassed, humiliated, ridiculed and taunted by a SANTA CLARA COUNTY
SHERIFF’S DEPUTY SERGEANT. Signed affidavits attesting to the behavior of this
deputy were submitted to the SHERIFF’S DEPARTMENT but not even a signed
letter of apology out of common courtesy was ever received by the
handicapped HI&RH Empress Aubreé©™, who is a widow of a US Navy Veteran
buried in a National Cemetary.
California republic )
) ss Commercial Oath and Verification
County of Santa Clara )
11 of 23 P a g e s
__________________________
_______
Signature lawful woman,
secured party creditor,
Libellant
1. Libellee(s) admits Libellant is not one and the same as any Artificial Legal
Fiction entity, 14th Amendment person, individual, commercial Straw-
man, or number, or trust, created by the Federal government.
2. Libellee(s) admits Libellant is an injured party in this matter and not one
in the same as any defendant in any action in any State or Federal case.
12 of 23 P a g e s
ANSWER: [Admits/Acknowledge if no answer is provided]
7. Libellee(s) admits they have never disclosed that charges and penalties
are based on HI&RH Empress Aubreé©™’s voluntary act to contract and
libellee(s) agree that all such contracts are void due to their hidden
nature and lack of disclosure.
14. Libellee(s) admits all contracts and agreements and presentments by any
and all Libellee(s), their Agent(s), Officers, Co-parties, co-partners, and
Employees, are expressly induced by Fraud, Coercion, and Extortion
upon the Libellant and non-disclosure contracts.
17. Libellee(s) admits Libellee(s), their agents, Officers, and Employees, have
used the US Postal Service and commercial electronic media to send
fraudulent and unsupported commercial documents that were relied
upon by third parties to deprive Libellant of property by a fraudulent
presumption of pledge.
18. Libellee(s) admits Libellee(s), their agents, Officers, and Employees, have
used fictitious names on commercial documents to deprive Libellant of
property.
19. Libellee(s) admits Libellant has no remedy other than contractual and the
elements of mistake, non-jurisdiction and acceptance for value.
14 of 23 P a g e s
21. Libellee(s) admits Libellees, their Agents, Officers(s) and Employees, have
made false and fraudulent entries into specially coded files such as
Customer Transaction Account and that these files are coded for the
purpose of preventing the public and Libellant access to their content so
that courts of fiction may rely upon as these files as undisputed evidence
without any verified proof of evidence as fact.
23. Libellee(s) admits that Libellees, their Agents, Officers(s) and Employees,
have never made a verified assessment or signed an Assessment
Certificate under penalty of perjury, true, correct, complete and not
misleading re ROSALIE A. GUANCIONE©™.
24. Libellee(s) admits that Libellees, their Agents, Officers(s) and Employees,
(is a)/(are) fiction(s) and Libellant is a visitor in a court of fiction. Libellant
is an actual being of the Creator and is of likeness of character. Her law
and truth proceeds from the Holy Scriptures which are truth and not
inferior to the world of corrupted fiction which has no righteousness in it
and is manipulated by those claiming immunity for their acts of
confusion, fraud, Scienter Acts and continuous torts.
25. Libellee(s) admits that if the Libellee(s), ITS co-parties and officers
discover any errors or omissions, legal or otherwise, in or related to this
instrument, said agents, officers and co-parties are required to notice the
Libellant at the address of the Notary Acceptor only, with a point by point
description of any such errors and omissions within twenty-one (21) days
of receiving this Notice by Mail or forever admit the lawful execution of
this Notice as a matter of the public record.
28. Libellee(s) admits the harm created by their Criminal Acts and
Acknowledge that the Sum Certain in the True Bill is correct as presented
and is to be paid to the Libellant.
29. Libellee(s) admits that any stall and delay created by Libellee(s), their
employees, officers, agents or representatives, is conversion of the Sum
Certain in the Accounting and True Bill of this Commercial Instrument.
Such stall or delay will result in an increase in the Sum Certain in the
Accounting and True Bill of ten (10) times for Compensatory Punitive
Damages, which shall prevail contractually.
30. Libellee(s) admits and agrees that the Accounting and True Bill is true,
correct, complete and certain following the perfection of this Commercial
Instrument.
31. Libellee(s) admits and agrees that the Libellant has Libellee(s)’s
agreement to place maritime lien(s), and uniform commercial code
lien(s), on Libellee(s), for the sum certain owed to Libellant for all
damages claimed following the perfection of this Commercial Instrument.
Libellee(s) further agree that the Libellant has Libellee(s)’s agreement to
publish notices of those liens anywhere in the public record, or in any
court, to facilitate comprehensive collection action against Libellee(s).
32. Libellee(s) admits and agrees that the Libellant may place Libellee(s) into
involuntary bankruptcy for failure to pay the sum certain owed to
Libellant for all damages claimed following the perfection of this
Commercial Instrument to facilitate comprehensive collection action.
33. Libellee(s) admits that if and when they answer this Statement and
Inquires, the Libellee’s answer will only be valid with Libellee’s SSN #,
and the EIN # of Libellee’s associated corporation, attached since
Libellant is providing the ROSALIE A. GUANCIONE©™ number, SSN 549-
98-2310.
16 of 23 P a g e s
ANSWER: [Admits/Acknowledge if no answer is provided]
35. Libellee(s) admit that Libellant has a copyrighted name, filed publicly
with the King County Registrar, Washington State, that is referenced in a
UCC-1 filing with the Washington State Secretary of State, which states
the usage fee of the copyrighted name, in any form or variation of
ROSALIE A. GUANCIONE©™ is $500.000.00, and the penalty for copyright
infringement is $1.5 million.
36. Libellee(s) admit that Libellees, their Agents, Officers(s) and Employees,
have performed unauthorized use of Libellant’s copyrighted name in all
forms, and/or the copyrighted all capitalized name of the maritime trust
liened by the Libellant in all forms, without a signed authorization and
without payment of a usage fee. Libellee(s) admit that they owe $2
million for each unauthorized use, considered copyright infringement
against the Libellant and/or the maritime trust which Libellant has the
UCC-1 lien for, and therefore claims the copyright fees and penalties for.
37. Libellee(s) admit that Libellant, HI&RH Empress Aubreé©™ has never
granted, nor has she authorized, the use of her copyrighted name in any
form, nor that of the maritime trust that she has the lien against, to any
of the Libellees, their agents, Officers(s) or Employees.
38. Libellee(s) admit that Libellant, HI&RH Empress Aubreé©™ has never
been paid any usage fees for the publication of her name in any forum,
venue, or any medium of recordation, by any of the Libellees, their
agents, Officers(s) or Employees.
39. Libellee(s) admit that Libellees, their agents, Officers(s) and Employees
have committed intellectual property theft against Libellant HI&RH
Empress Aubreé©™ by committing acts of copyright infringement upon
her copyrighted name, or that of the maritime trust which she has a lien
against, without her knowledge, written permission, or payment for use.
41. Libellee(s) admit that no sections of the California Penal Code apply to
sovereign Americans as they have sovereign immunity to all state
statutes, laws, codes and ordinances.
18 of 23 P a g e s
47. Libellee(s) admit that a Court Commissioner entered a plea for HI&RH
Empress Aubreé©™ in case 7-09-tr-562668, without her authorization or
consent.
49. Libellee(s) admit that Libellee(s) refused to provide a jury trial for the
case 7-09-tr-562668 despite the written request of HI&RH Empress
Aubreé©™ for this federal Constitution 7th amendment right to trial by
jury for all matters in controversy exceeding $20, on this ticket billed
initially at $132.00.
50. Libellee(s) admit that Libellee(s) refused to act on fee waivers submitted
into case 7-09-tr-562668 by HI&RH Empress Aubreé©™ multiple times.
51. Libellee(s) admit that the true intent of Form TR-130 TRAFFIC NOTICE TO
APPEAR is that of an instrument specifically crafted for coercive use
against We The People who are exercising their constitutional right to
travel, to aid and abet corporate and racketeering based extortion and
land piracy against We The People, under threat of kidnapping and
ransom.
NOTICE
19 of 23 P a g e s
The following document is an administrative procedure, within the
admiralty. This document is tendered for the purpose of remedy and relief of
the fraudulent claim(s) that you have stated against the above named
Secured Party Creditor. If any Libellee has lawful proof of claim against the
above named Secured Party Creditor, it must be submitted according to the
terms and conditions contained herein in order to cure your dishonor in
commerce.
21 of 23 P a g e s
illegally denied this right to formal arraignment with presentment of a
verified complaint. A traffic ticket is not a verified complaint unless the
defendant pleads guilty. I did not enter any plea as I have sovereign
immunity to all state courts. Rather than provide a formal arraignment and a
verified complaint, the commissioner entered a plea for me, which is fraud,
collusion, conspiracy, extortion, abuse of process, coercion, obstruction of
justice, denial of civil rights, attempt to steal property, etc.. I do not believe
that there is no proof to the contrary.
OPPORTUNITY TO CURE
The Third Party Defendants have 21 calendar days to cure their
Dishonor by the Following:
1. Dismiss any and all claims against the Third Party Plaintiff, with
prejudice and pay the Third Party Plaintiff $20,000,000.00 (twenty
million US Dollars) for copyright usage fees and infringement damage
fees. AND,
22 of 23 P a g e s
precedent of Macias v. Idhe (formerly Lopez) 9th circuit, which
established $15M x #rights violations x #violators x #victims, with
Real Money (1 oz .999 silver = one dollar), Surrender any and all Public
Hazard Bonds, other Bonds, Insurance Policies, CAFR Funds, 801K
funds, personal properties, land, real estate, etc. as needed to satisfy
counterclaim herein, …OR,
23 of 23 P a g e s
Third Party Defendant. All Third Party Defendants are jointly and
severally liable for this claim.
COUNTERCLAIM
THE FOLLOWING DAMAGES HAVE BEEN ASESSED AGAINST
YOU SHOULD YOU FAIL TO MEET THE REQUIREMENTS AS
PROVIDED IN THE OPPORTUNITY TO CURE CONTAINED HEREIN:
1. Failure to state a claim upon which relief can be granted.
$2,000,000.00 (Two Million US Dollars) per Third Party
Defendant, per count, per violation, per occurrence.
25 of 23 P a g e s
calendar day, that the Counterclaim is not paid in full, plus
interest as indicated herein.
_____________________
____________________
NOTICE TO RESPOND
That it is mandatory that Libellee sign and certify “under penalty of perjury
complete with SSN number under the laws of the United States of America”
under 28 USC §1746, all ANSWERS or any other correspondence in response
to Affiant’s Notice of Administrative Remedy, so that Affiant/Libellant can
know that Affiant is dealing with the Libellee and that Libellee is held to only
those ANSWERS that are true, correct, complete, and not misleading and
further; any facts alleged in Libellee’s response must be on firsthand
knowledge in affidavit form, properly sworn and subscribed to.
Libellant looks forward to your timely response. Further Libellant sayeth
naught.
Given under my hand and seal this __1st___day of the ____6th_____month of
2010 Anno Domini.
_________________________________________
<><><><><><><><><><><><><><><><><><><><><><><><><>
<><><><><><><><><><><>
STATE OF CALIFORNIA )
) ss.
California JURAT
COUNTY OF SANTA CLARA )
SEAL
____________________________________
Signature
27 of 23 P a g e s