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IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF NEW JERSEY____________________________________Charles F. Kerchner, Jr, : Civil Action No.Lowell T. Patterson, :Darrell James LeNormand, and :Donald H. Nelsen, Jr., ::Plaintiffs, ::v. ::Barack Hussein Obama II, President Elect :of the United States of America, President :of the United States of America, :and Individually; :United States of America; :United States Congress; :United States Senate; :United States House of Representatives; :Richard B. Cheney, President of :the Senate, Presiding Officer of Joint :Session of Congress, Vice President of the :United States and Individually; and :Nancy Pelosi, Speaker of the House and :Individually, ::Defendants. ::________________________________________________________________________AMENDED COMPLAINT FOR EMERGENCY INJUNCTION, DECLARATORYRELIEF, MANDAMUS, AND PETITION FOR QUO WARRANTO________________________________________________________________________Mario Apuzzo185 Gatzmer AvenueJamesburg, New Jersey 08831Phone: (732) 521-1900Fax: (732) 521-3906E-mail:apuzzo@erols.com
_________________________________
 
2Plaintiffs allege as follows:
JURISDICTION AND VENUE
1. This action is founded upon the Constitution of the United States of America.As such, this Court has jurisdiction over defendants under 28 U.S.C. § 1346(a)(2).2. This is a civil action claiming violations of the First, Ninth, Fourteenth, andTwentieth Amendments of the Constitution of the United States of America. As such, thisCourt has jurisdiction under 28 U.S.C. § 1331.3. This action seeks declaratory relief. As such, this Court has jurisdiction under28 U.S.C. § 2201(a) and 28 U.S.C. § 2202. Endnote 1.4. This action seeks injunctive relief. As such, this Court has jurisdiction under28 U.S.C. § 1343(a)(3) and 28 U.S.C. § 1343(a)(4).5. This action is in the nature of mandamus, and seeks to compel thosedefendants which are branches of the United States Government and “officer[s] oremployee[s] of the United States or any agency thereof” to perform their duties owedplaintiffs under the First, Fourteenth, and Twentieth Amendments of the Constitution of the United States. As such, this Court has jurisdiction under 28 U.S.C. § 1361.6. This is also a petition for quo warranto under the Ninth Amendment to theConstitution, asking that Obama be declared under Article II to be illegitimate to hold theOffice of President and Commander in Chief and that he be removed from that Office if sworn in.7. This is a civil action in which an officer or employee of the United Statesacting in his official capacity or under color of legal authority and an agency of theUnited States are defendants. Three of the plaintiffs reside in this judicial district and the
 
3fourth defendant resides within the Third Circuit. No real property is involved in thisaction. Venue is therefore proper under 28 U.S.C. § 1391(e).
PARTIESPlaintiffs
8. Plaintiff,
Charles F. Kerchner, Jr
., is a citizen of the United States and aresident of the State of Pennsylvania. He served 33 years in the U.S. Naval Reserves asboth an Officer and an Enlisted person. He enlisted with the U.S. Naval Reserve in 1962.In 1976 he was commissioned as a U.S. Naval Reserves Officer and was approved as anEnsign (O-1), serving as a commissioned officer for 19 years and rising to the rank of afull Commander (O-5) in 1992 at which he served with various drilling reserve units untilhe retired in 1995. While not statutorily subject to recall, by Executive Order of thePresident or an act of Congress in an extreme national emergency, the President and/orCongress could order people in plaintiff’s status of service to be recalled. Should plaintiff be recalled to active duty, he would need to know whether the President and Commanderin Chief who may be giving him orders is in fact the legitimate President andCommander in Chief and therefore obligate him to follow those orders or risk beingprosecuted for disobeying such legitimate orders. He is a registered member of theRepublican Party. He voted in the General Election of November 4, 2008. Endnote 2.9. Plaintiff,
Lowell T. Patterson
, is a citizen of the United States, a resident of the County of Burlington, and State of New Jersey. He is the State Chairman of theConstitution Party for the State of New Jersey and the Eastern Region (13 states)Chairman for that same party. He voted in the General Election of November 4, 2008.
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mtngoat61

The latest version of the complain can be found at: http://www.scribd.com/doc/11317148/

reply02 / 14 / 2009
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