07/31/2010

Peter:Spano C/o 7001 W Parker Rd. #731
 Plano [75093] Texas

Contract Tracking No. CNB-PHP-073010 Secured Party Peter:Spano hereinafter "Declarant " ALL RIGHTS RESERVED WITHOUT PREJUDICE UCC 1-308, UCC 1-207
Failure on your part to respond, as stipulated, and provide, with particularity, everything in requested NOTICE, is your lawful, legal and binding agreement with and admission to the fact that all not provided information requested in this NOTICE is not existent and is fully binding upon you in any court in America, without your protest or objection or that of those who represent you. Your silence is your acquiescence (agreement, assent, acceptance, consent and compliance). See: Connally v. General Construction Co., 269 U.S. 385,391. Notification of legal responsibility is “the first essential of due process of law”. See also: U.S. V. Tweel, 550 F.2d.297. Your non-response will result in the filing of a public lien.

“RESPONDENTS ”
Bram Goldsmith, Russell Goldsmith, Christopher J. Warmuth d/b/a/ City National Corporation/Bank in esse, supervisors, heirs, agents and assigns, CITY NATIONAL BANK CORPORATION, City National Plaza
 555 South Flower Street Los Angeles, CA 90071

SENT VIA REGISTERED MAIL #: RR 197 808 507 US

NOTICE, ACCEPTANCE OF CONTRACT, ORDER, DEMAND, INVOICE AND OF INTERNATIONAL COMMERCIAL CLAIM ADMINISTRATIVE REMEDY,
TO RESPONDENTS VIA REGISTERED MAIL RR 197 808 507 US

STATE OF Texas

)NOTICE TO AGENT IS NOTICE TO PRINCIPAL )NOTICE TO PRINCIPAL IS NOTICE TO AGENT

COUNTY OF DENTON

)

ss.

NOTICE, ORDER AND DEMAND TO VERIFY DEBT AND TO PRODUCE CONTRACT FOR VENUE OF JURISDICTION AND SUBJECT MATTER JURISDICTION
RE: Presentment received July 30, 2010 indicates that PRESBYTERIAN HOSPITAL PLANO has SOLD CITY NATIONAL BANK said account for MORE than the total amount due. We are authorized to accept payments in the amount of $75.23 includes interest or balance of $963.55 as settlement on the amount due on PRESBYTERIAN HOSPITAL PLANO account # 101741418-01. Judgement to recover based on fraud, Presentment not wet-ink-signed under-the-penalties-of-perjury, nor with properlyaffixed-seal-of-authority, did Affiant state that “Affiant is competent to testify” by Bram Goldsmith, in esse, supervisors, heirs, agents and assigns that all statements contained therein are true, complete, certain and not misleading.

The constitutional oath of office is important enough that the first official act of Congress in 1789 set requirements for the oath in place. See 1 Stat. 23. The Constitution of the United States mandates a constitutional oath of office in Article VI, Clause 3. The requirement for civil commissions is in Article II § 2, Clause 2 and § 3 of the Constitution. Requirements for civil commissions were particularized in Marbury v. Madison, 5 U.S. 137, 2 L.Ed. 60, 1 Cranch 137 (1803), and United States v. Le Baron, 60 U.S. 73 (1856). Requirements for surety bonds arise from common law doctrine and statutory law. See particularly, 26 U.S.C. § 6803, 7101, 7102 & 7485, 26 CFR §§ 301.7101-1 & 301.7102-1 and 31 U.S.C. § 9303. I hereby accept Your Oath of Office as Your offer of contract with Me, The Living-Soul, Peter:Spano, Authorized Representative. I demur Your statements and charges in their entirety. I accept Your offer in contract contingent upon My written receipt of Your, Bram Goldsmith, Russell Goldsmith, Christopher J. Warmuth d/b/a/ City National Corporation/Bank in esse, supervisors, heirs, agents and assigns, CITY NATIONAL BANK CORPORATION, City National Plaza 555 South Flower Street Los Angeles, CA 90071 statement of the claim and proof of the claim in the Truth that Your claim is true, complete and certain under the penalties of perjury and under bond. My counter-offer is made in good faith with clean hands in the offering of My Guaranteed Bond to You, Bram Goldsmith, Russell Goldsmith, Christopher J. Warmuth d/b/a/ City National Corporation/Bank in esse, supervisors, heirs, agents and assigns, CITY NATIONAL BANK CORPORATION, City National Plaza 555 South Flower Street Los Angeles, CA 90071 I demur. Declarant by visitation is hereby exhausting his administrative remedies by Noticing Respondents, its Officers, Partners, Agents, Associates, Paralegals, Contractees, Assignees, Heirs, Employees, all Co-Parties, and Successors. As an operation of law Declarant is required to exhaust his administrative remedies. As with any administrative process, Respondents may controvert the statements and claims made by Declarant by executing and delivering a verified response point by point, in affidavit form, sworn and attested to, signed by Respondents with evidence in support. Respondents may agree and admit to all statements and claims made by Declarant by TACIT PROCURATION by simply remaining silent. ESTOPPEL BY ACQUIESCENCE: In the event Respondents admits the statements and claims by TACIT PROCURATION, all issues are deemed settled STARE DECISIS and Respondents may not argue, controvert, or otherwise protest the finality of the administrative findings in any subsequent process, whether administrative or judicial, nor take further action against Declarant .

Declarant by visitation is hereby exhausting his administrative remedies by Noticing Respondents, its Officers, Partners, Agents, Associates, Paralegals, Contractees, Assignees, Heirs, Employees, all Co-Parties, and Successors. As an operation of law Declarant is required to exhaust his administrative remedies. As with any administrative process, Respondents may controvert the statements and claims made by Declarant by executing and delivering a verified response point by point, in affidavit form, sworn and attested to, signed by Respondents with evidence in support. Respondents may agree and admit to all statements and claims made by Declarant by TACIT PROCURATION by simply remaining silent. ESTOPPEL BY ACQUIESCENCE: In the event Respondents admits the statements and claims by TACIT PROCURATION, all issues are deemed settled STARE DECISIS and Respondents may not argue, controvert, or otherwise protest the finality of the administrative findings in any subsequent process, whether administrative or judicial, nor take further action against Declarant . Declarant is of age and is competent to testify that all facts herein are true, complete, certain and not misleading. I did not find a copy of your judgment lien filed with the Secretary of State of Texas. A Judgment Lien is filed when a Judgment Creditor (secured party) has gone to court and has been awarded a monetary judgment against personal property of a debtor. A Notice of Judgment Lien must be submitted on a JL-l form and received by the Secretary of State's Office within ten days of the notice date.

or state) under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. verify. Executed on (date). that such unsworn statements can be made. evidenced. verify. or commonwealths: "I declare (or certify. hover. or an oath required to be taken before a specified official other than a notary public). in substantially the following form: (1) If executed without the United States: "I declare (or certify. in other words. Emphasis Added (2) If executed within the United States. and can never be time-barred. and dated.3d 859 (8th Cir. any matter is required or permitted to be supported. 257 F. order. Community Blood Center of the Ozarks. sufficiency of pleadings. (Signature)". with like force and effect.If so much as one jurisdictional failing appears on the face of the judgment roll. regulation. PART V. established. such matter may. wet-ink-signed. . even in a default judgment. the entire matter is void. or proved by the unsworn declaration. or requirement made pursuant to law. never be waived and not be constructed even by mutual consent of the parties. verification. certificate. established. Subject matter jurisdiction cannot be presumed. or statement. If there is a jurisdictional failing appearing on the face of the record. be supported. subject to vacation with damages. or an oath of office. (Signature)". Subject matter jurisdiction is two part: the statutory or common law authority for the court to hear the case and the appearance and testimony of a competent fact witness. possessions. or proved by the sworn declaration. or state) under penalty of perjury that the foregoing is true and correct. verification. Executed on (date). 07/25/2001). in writing of such person which is subscribed by him. as true under penalty of perjury. oath. under any law of the United States or under any rule. in writing of the person making the same (other than a deposition. statement. Even a default judgment must be proved! See American Red Cross v. to wit: the so-called judgment is this instant matter was an alleged default judgment. Any statements You make that are not WET-INK-SIGNED and sworn under the penalties of perjury shall be accompanied by a sworn statement. its territories. there must be a “prove up” of the claim by and through the appearance and testimony of at least one competent fact witness. or affidavit. CHAPTER 115 1746. the matter is void. certificate. supporting testimony with competent evidence and the party against whom the default judgment is rendered must have notice and opportunity to appear at a forensic examination of the evidence and be able to question the witness(es) under oath. Unsworn declarations under penalty of perjury Release date: 2005-09-29 Wherever. evidenced. In Title 28 of the United States Code (28 USC) we find at section 1746 the following: TITLE 28. as phony and queer as a three and a half dollar bill.

2d 242. So it’s based on facts currently within Your knowledge? Yes or no. (b) concerns legal relations among parties with adverse interests and (c) is real and substantial so as to be capable of a decision granting or denying specific relief of a conclusive nature. 2. 12 O. which interests must be direct and substantial. and involve an actual. do You have standing to sue in the STATE OF TEXAS granted to You by the state of TEXAS legislature and or the TEXAS Secretary of State? Yes or no. To be "justiciable. Factually. 5 P. 45 P. Choctaw County District Attorney. Followell. To invoke the jurisdiction of the court under the declaratory judgments act there must be an actual. and the amount to be deposited for the property sought to be appropriated. complete. 4. 5. certain and not misleading. §1651. 1. I conditionally accept Your presentments above with no dispute or controversy if You can answer in writing. 3. Are You an attorney? Yes or no. which requires determining whether the controversy (a) is definite and concrete. that each and every statement answered in this letter to said notary public. . under penalties of perjury. Is that an arbitrary opinion? Yes or no. Benson. Is that an arbitrary opinion? Yes or no. 7. 6. potential or contingent dispute. 01/11/2002)). 2002 OK CIV APP 41 (Okla. So it’s based on facts currently within Your knowledge? Yes or no. Easterwood v. 2000 OK 40. do You have a POWER OF ATTORNEY-IN-FACT granted to You PRESBYTERIAN HOSPITAL PLANO ? Yes or no. as distinguished from a possible. to demonstrate that Your statements are true.3d 1088. Is that an arbitrary opinion? Yes or no. Another well spoken authority: On the date specified in the notice of hearing. 2d 66. 1091. all parties may appear and be heard on all matters properly before the court which must be determined prior to the entry of the order of taking." Dank v. 9. existing justiciable controversy between parties having opposing interests. Factually.S. See also. the sufficiency of pleadings. Factually. 1964 OK 74. with affixed proper seal of authority.Jurisdiction of this court must be legitimately invoked and cannot be automatically assumed. See also. App. wet-ink-signed.3d 436. (04/03/74) 293 So. including the jurisdiction of the court.391 P. do You have a license to practice law granted to You by the State of TEXAS legislature? Yes or no.. William O. 8. whether the petitioner is properly exercising its delegated authority. Bunch et al. Gordon v." the claim must be suitable for judicial inquiry. See City of Lakeland v.

103 Nev. Inc.E. a Conway.1966). Sep 03. . Boyles. the Millers contended that The Richard Gill Company did not have standing to sue in any state court in Ohio. Kansas Quality Const.. and (2) the transaction was in interstate commerce. ch. Universal Plastics.125. Do You have a right or a privilege to make a legal determination for PETE SPANO without his permission? Yes or no. 1703. v. was entered into within state before corporation had such authority. (Repl.A.10. owed a balance of $558 on a contract and note. of the Revised Code. 1969 Where foreign corporation had obtained authority to transact business within state prior to its filing of suit within state.01 to 1703. 250 N. sitting as a jury. 1988 WL 29823 (Ohio App. v. 1990. It was stipulated that appellee. Appellee brought suit asserting that appellant. instant appeal on May 23. but no foreign corporation which should have obtained such license shall maintain any action in any court until it has obtained such license Atlantic Commercial Development Corp. The circuit court.2d 785. Factually. s 64-1201 et seq.Ann. v.W. 9 Dist. 4143. Miller. For Your information. found as facts that (1) the contract sued on was a Tennessee contract. inclusive. 445 S. corporation had standing to sue. § 157. 1990.. please be advised of the following in dealing with case law pertaining to standing: Defendant moved for summary judgment on the basis that plaintiff lacked standing to sue in an Ohio court because plaintiff was not licensed as a personnel placement service under R. So it’s based on facts currently within Your knowledge? Yes or no.C. The trial court granted defendant's motion on April 27.29 provides that: "The failure of any corporation to obtain a license under section 1703. 32. was a foreign corporation not qualified to do business in Arkansas as required by Ark. druggist.. Appellant Goode contended before the circuit court that appellee had no standing to sue because the contract was made and performed in Arkansas and that such a contract made by a nonqualifying foreign corporation cannot be enforced in Arkansas courts. from which suit arose. Feb 24. Judgment was entered against Goode and he appeals. does not affect the validity of any contract with such corporation. Richard Gill Co. R.H. 732 P. do You have a contract with PETE SPANO? Yes or no. 11. even though contract. Arkansas.2d 1360. 1987 Goode v. 35. Universal Plastics. Inc.) In their answer and motion for summary judgment.31.02.Stat.C. and plaintiff filed this timely. 12. S..2d 893. Chiasson. Nev. Inc.

State Treasurer) to put it into effect. Is that an arbitrary opinion? Yes or no.. . including making expenditures.g. the Rules Enabling Act. Hanna: With state law & federal procedural rule. does fed rule really regulate procedure? Then apply federal rule. the U. enabling clause n. A provision in a law that confers on appropriate officials the power to implement or enforce the law .enabling clause An enabling act is a piece of legislation by which a legislature grants an entity which depends in on it for authorization or legitimacy to take a certain action(s). Congressional Authorization. Department of Agriculture). Is that an arbitrary opinion? Yes or no. To hold that an “FRCP would cease to function whenever it alters the mode of enforcing state-created writes would be to disembowel either the Constitution’s grant of power over federal procedure or Congress’ attempt to exercise that power in the Enabling Act. A provision in a law that confers on appropriate officials the power to implement or enforce the law .g. generally to a public official or to a corporation. are created.. what is part of or the enabling clause are You relying on in support of each of Your statutes and implementing regulations You are relying on for Cathy Spano to comply with to follow Your demands and orders per each of the RE items stated above? 16. Administrative agencies.” 15.13.enabling act Noun: enabling act 2. Factually. So it’s based on facts currently within Your knowledge? Yes or no. either independent (e. a provision in a new statute which empowers a particular public official (Governor. by statute or by executive order authorized by statute. The most famous such law is the German Enabling Act. Noun: enabling clause 2. under constitutional provisions (enabling clauses). 14. For Your information. the Federal Deposit Insurance Corporation and Federal Aviation Administration) or part of the executive branch (e. I have included the following: Enabling Statute A law that gives new or extended authority or powers.S. enacted in 1933 at the beginning of the rise of the Third Reich. 2072.

implementing regulation(s) and the enabling act requiring me to follow Your order under the penalties of perjury. agents and assigns has a proof of claim and proof of loss against Cathy Spano. 23. 21. or proof of claim to produce a contract with Cathy Spano to perform the above actions and Cathy Spano believes that no such contract exists. Who is the real party of interest? Where is the damaged property and the verified assessment of its value? Is that an arbitrary opinion? Yes or no. Warmuth d/b/a/ City National Corporation/Bank in esse. So it’s based on facts currently within Your knowledge? Yes or no. 26. per 26 USC 6065. Warmuth d/b/a/ City National Corporation/Bank in esse. Russell Goldsmith. where the “proponent of a rule or order has the burden of proof”? You have failed to cite the statute(s). accounts. Christopher J. supervisors. 25. Is that an arbitrary opinion? Yes or no. Russell Goldsmith. heirs. I direct You to provide the proceeds. Warmuth d/b/a/ City National Corporation/Bank in esse. Where is the superior pre–existing contract among Bram Goldsmith. 18. heirs. Bram Goldsmith. fixtures and services in the alleged “debt” of Cathy Spano to Me. per article 5 Sec. 29. I am not in receipt of any document that Bram Goldsmith. Factually. what is the basis of Your rule or order per the Administrative Procedures Act of 1948. I direct You to “declare the issues” and provide the “bill of particulars” in the alleged “debt” of Cathy Spano to You. agents and assigns and/or Cathy Spano? 24. Christopher J. products. 556(d). Russell Goldsmith. 28. 19. . heirs. agents and assigns have each failed to state a claim. and said forms are enclosed for Your submittal within 10 days. So it’s based on facts currently within Your knowledge? Yes or no. 20. Christopher J. supervisors. So it’s based on facts currently within Your knowledge? Yes or no. 22. 27.17. supervisors.

And it is remarkable. United States. Overland Telephone Company v. 245. now rest the charges of conspiracy and of gullibility against these witnesses. Care has been taken. we submit. Molecular Telephone Company v. D. (PART TWO OF THREE) (03/19/88) 126 U. Ed.S. (10/31/10) 218 U. 31 L. Ct. the complainants. not statements of counsel. Ct. Where is the proper seal of authority affixed on Your each of the above RE items under the penalties of perjury. The lives of all the witnesses are clean. Ed. 56 L. since they merely embody conflicting statements of counsel concerning the facts as they suppose them to be and their appreciation of the law which they deem applicable.S.30. People’s Telephone Company v. Supp. wet-ink-signed and with affixed proper-seal-of-authority? Attorneys can’t testify. 8 S. C. Federal local rule 7. 1. American Bell Telephone Company v. Pagliaro. 647. the judge told the jury that they were to regard only the evidence admitted by him. American Bell Telephone Company. 52 L. their characters for truth and veracity un-assailed. Ed. and the evidence of any attempt to influence the memory or the impressions of any man called. American Bell Telephone Company. No instruction was asked.1(h). 126. which were not part of the record and therefore could not have been considered by the trial court: “Manifestly.. Factual statements or documents appearing only in briefs shall not be deemed to be a part of the record in the case. unless specifically permitted by the Court – Oklahoma Court Rules and Procedure stated as foreign law. Statements of counsel in brief or in argument are not sufficient for motion to dismiss or for summary judgment. 229 F. Gonzales v. 783. 31 S. Under no possible view. cannot be successfully pointed out in this record. Ed. that in a case of this magnitude. Telephone Cases. 2. [such statements] cannot be properly considered by us in the disposition of [a) case. 32 S. American Bell Telephone Company. 97 S. Holt v. but. 463. as we have said. Statements of counsel in brief or in oral argument are not This finding of a continuing investigation. Trinsey v. facts before the court. Lovasco (06/09/77) 431 U. As we have said of other un-sworn statements. however. 54 L. (04/01/12) 224 U. which forms the foundation of the majority opinion. Clay Commercial Telephone Company v. only upon the bare statements of counsel. American Bell Telephone Company. Ct. Pa. 693.S. however. with every means and resource at their command. 778. Molecular Telephone Company. after years of effort and search in near and in the most remote paths. of the findings we are considering can they be held to constitute a compliance with the statute. 1021. Dolbear v. therefore. Ct. to call no man whose character or whose word could be successfully impeached by any methods known to the law. 2d 752. and in every collateral by-way. 1964. no attempt whatever to state the ultimate facts by a consideration of which we would be able to conclude whether or not the judgment was warranted.” United States v.. Buist. there being. American Bell Telephone Company. 863. 2044.S. comes from statements of counsel made during the appellate process. . in summoning witnesses to testify.

D 1993) 505 N.2d 42 & Matter of Estate of Eberle (S. the burden of establishing it rests upon the plaintiff. when a judge does not follow the law. Co. the judge loses subject-matter jurisdiction and The Judge's orders are void. Ill.D. or sometimes even intentionally.2d 244 – Statutes forbidding administering of oath by attorney’s in cases in which they may be engaged applies to affidavits as well. 209 F.it had no authority to make that finding.2d 235 – The practice of an attorney filing an affidavit on behalf of his client asserting the status of that client is not approved. Bindell v City of Harvey.Porter v. and is not affirmance on knowledge and is not proof which would be admitted in evidence on trial of the issues."). Deyo v.E.2d 800 – Affidavit that failed to state that “Affiant was competent to testify” violated court rules. Porter (N.2d 880 Professional statements of litigants attorney are treated as affidavits. Whenever a party denies that the court has subject-matter jurisdiction. When judges act when they do not have jurisdiction to act. inasmuch as not only does the affidavit become hearsay.3d 558. and they are unsatisfactory as evidence.119(B)(1)(c) Fortier v. The Court in Yates vs. They acted without any jurisdiction.Affidavits are not subject to cross-examination and they combine facts and conclusions and unintentionally.Affidavits are inadmissible for purpose of impeaching verdict.D. Brewer. and the judge has immediately lost subject-matter jurisdiction.D. …it is not a judicial function for a Judge to commit an intentional tort even though the tort occurs in the Courthouse”.Supp. they become trespassers of the law. 522 N.E. 757 (N. City of Fond Du Lac (Wis 1959) 96 N. (Iowa 1996) 548 N. Frunzar v. Newman (Minn 1956) 78 N. Hubka v. 168 Ill. Pennfield Twsp (Mich 1992) 494 N. "Not every action by any judge is in exercise of his judicial function.W. the court has acted against the law. When a judge acts as a Trespasser of the Law. 483 (1928). and attorney making statements may be cross-examined regarding substance of statement. McChain v. The law places the duty and burden of subject-matter jurisdiction upon the plaintiff. MCR 2. Allied Property and Casualty Ins. The ILLINOIS Supreme Court. Detroit Creamery Co (Mich 1932) 241 N.W. The judges listed below had no legal authority (jurisdiction) to hear or rule on certain matters before them. Illinois..W. and are engaged in treason.2d 841(1988) ("Where jurisdiction is contested.W.2d 607 – An affidavit on information and belief is an anomaly. violates the defendant's due process rights. Inc.” The People v.W. 1979 ) 274 N. it becomes the duty and the burden of the party claiming that the court has subject-matter jurisdiction to provide evidence from the record of the case that the court holds subject-matter jurisdiction.App.2d 1017 (1st Dist.App.3d 1042. 472. of no legal force or effect"! The United States Supreme Court has stated that "No State legislator . 1991) ("the burden of proving jurisdiction rests upon the party asserting it. F. but it places the attorney in a position of witness thus compromising his role as advocate.W.C. 1962) held that.2d 767 . 1959) 99 N. 212 Ill. the court is proceeding without subject-matter jurisdiction.2d 382 . Loos v American Energy Savers.").W. may omit important facts or give a distorted picture of them.W. 128 Ill. Village of Hoffman Estates. Russel Co (S. its finding that it had the power can add nothing to its authority. 571 N. stated as foreign law held that if a court “could not hear the matter upon the jurisdictional paper presented. . Until the plaintiff submits uncontroversial evidence of subject-matter jurisdiction to the court that the court has subject-matter jurisdiction. Brewster v. and the most it does is to affirm that the Affiant was informed and believed as fact to be true. Should the court attempt to place the burden upon the defendant.

and 3) If a different billing error occurred. agents and assigns must produce an agreement disclosing the following five (5) elements: 1. in re Sawyer. and he/she has engaged in an act or acts of TREASON! To refute the allegations made herein.S. heirs. as applicable. Warmuth d/b/a/ City National Corporation/Bank in esse. If a judge does not fully Comply with the Constitution. Warmuth d/b/a/ City National Corporation/Bank in esse. Russell Goldsmith. 2) Furnish copies of documentary evidence of the consumer's indebtedness. and using said note(s) to pay for charges to the account. supervisors. agents and assigns disagrees with the assertions herein. Bram Goldsmith. if the consumer so requests. if Bram Goldsmith. 3. Russell Goldsmith.S. heirs. 358 U. or make appropriate corrections or send a written explanation within ninety (90) days. Christopher J. supervisors. That the original lender would be using the consumer’s note(s) as assets and value to fund the loan or extension of credit to pay for charges to the account. That the original lender would be risking nothing of their own. You are hereby requested to produce: . Christopher J. and additionally. Russell Goldsmith. 1401 (1958). 1 78 S. would be requiring payment of so called principal and interest. I may elect to file a complaint with the FTC and the Attorney General in the state in which you do business. Failure to produce an agreement with the above terms. heirs. as prescribed by the Fair Credit Billing Act. That the original lender would not be lending any of its own assets. you are permitted to do one or more of the following: 1) Mail or deliver to the consumer an explanation that sets forth the reasons for the creditor's belief that the billing error alleged by the consumer is incorrect in whole or in part. correct the billing error and credit the consumer's account with any disputed amount and related finance or other charges. wherefore the billing error should be corrected and the account credited accordingly. Warmuth d/b/a/ City National Corporation/Bank in esse. Warmuth d/b/a/ City National Corporation/Bank in esse. Christopher J.Ct. If Bram Goldsmith. agents and assigns AND PRESBYTERIAN HOSPITAL PLANO does not follow GAAP.or executive or judicial officer can war against the Constitution without violating his undertaking to support it". 2. That Bram Goldsmith. Aaron. supervisors. heirs. 124 U. supervisors. the effect thereof was not apparent in the alleged statement(s) of the account. Cooper vs. That the consumer is prohibited from repaying the party that funds the loan or extension of credit under GAAP. 200 (1888). he/she is Without jurisdiction. 4. but rather accepting consumer’s note(s) like banks accept money. and/or seek other legal recourse. and 5. Russell Goldsmith. agents and assigns fails or refuses to acknowledge this notice within thirty (30) days by registered mail. then his orders are void. Christopher J. Further. means that the terms were never disclosed. However.

including but not limited to any and all Promissory Notes. Please provide the contract with signatures wet-ink signed by all parties under the penalties of perjury. and amount(s). J) What was the account number of the account in which the funds were held prior to the opening of the account that is the subject matter of this collection notice? K) Who was the owner of each account or. Christopher J. B) A certified front and back copy of all documents and records. identified as or evidencing assets provided by and/or signed by the consumer. am not in receipt of the document that verifies that Cathy Spano owes legal and lawful money-of-exchange to You and/or “Bram Goldsmith. P) Q) R) S) A copy of your most recent CPA auditor's report. Russell Goldsmith. H) Please produce the account and general ledger statement showing the full accounting of the alleged obligation that You are now attempting to collect. G) Produce all records. M) Identify the account that was debited when the disputed account was created. Warmuth d/b/a/ City National Corporation/Bank in esse. C) An identification of the source of the funds used to fund the charges. including account name(s). corporations.A) The original contract agreement. Christopher J. associations. in full (full and complete disclosure). I demand strict proof. Peter:Spano. money equivalents or similar instruments. that as a debt collector. reports. heirs. agents and assigns without authorization of original contract. supervisors. list those individuals having signature rights to each account? L) Please provide verification from the stated creditor that You are authorized to act for them. Warmuth d/b/a/ City National Corporation/Bank in esse. I) Please verify under penalty of perjury. memoranda relating to the source of funds relating this disputed account and list all other sources of information such as computer file names and names of databases or locations at which related information is located or accessible. and A statement of the total amount of all payments made by the consumer. supervisors. number(s). O) I. The name and address of your CPA auditor and chief legal counsel. I am not in receipt of any document which verifies that You and/or “Bram . Russell Goldsmith. wet-ink-signed. D) The name and address of the Custodian(s) of Records of all relevant documents and accounts. E) Identify the source of the funds in the account that is the subject matter of this "collection notice. You have not purchased evidence of debt and are proceeding with collection activity in the name of the original maker of the note. heirs." F) Please identify by name and address all persons. or any other parties having an interest in legal proceedings regarding the alleged debt. Please produce that documentation. N) Please verify under penalties of perjury that Cathy Spano has a contract with You and/or Bram Goldsmith. agents and assigns” under the penalties of perjury.

[FN1] and (b) "actual or imminent.Ed.1999).2d 450 (1976). 104 S. Defenders of Wildlife. 45 L. Friends of the Earth v. we mean that the injury must affect the plaintiff in a personal and individual way.2d 343 (1975). as opposed to conjectural or hypothetical.2d 636 (1972)." *561Simon v.Ed. Lyons. our cases have established that the irreducible constitutional minimum of standing contains three elements.. at 1723 (quoting Los Angeles v.S. 2130..e. at 38. agents and assigns” have each standing to sue in any court by virtue of being duly registered as meeting the minimum contacts requirements for in person am jurisdiction. b.N.. FN1. 92 S. The following rules apply.Ct. 75 L.' " Whitmore.. at 1924.Ct. 508. it must be "likely.Goldsmith. In order to have standing. 1660. Russell Goldsmith. Seldin. 693. 2210. Laidlaw Envtl. 528 U. Second.Ed. 95 S. n. heirs. 41-42.. Eastern Ky.. not 'conjectural' or 'hypothetical. 422 U." i. n. 727.2d 458. Ignition Switch Prods. 48 L. 1926. 96 S.Ct. Inc. 95. 1665. there must be a causal connection between the injury and the conduct complained of--the injury has to be "fairly . Third. 704.Ct. Warth v. 471 (D.Ct." that the injury will be "redressed by a favorable decision." Id.. 167. or 3) A complaint about the quality of the goods or services. The consumer need not pay (and the creditor may not try to collect) any portion of any required payment that the consumer believes is related to the disputed amount (including related finance or other charges). 110 S. PLEASE BE ADVISED THAT this Billing Error Dispute is not about: 1) A complaint about an unauthorized charge on a credit card. an invasion of a legally protected interest that is both (a) concrete and particularized and (b) actual or imminent. 120 S. 1926. 16. trace[able] to the challenged action of the defendant. see id. 495 U. Welfare Rights Organization. 96 S. a plaintiff must: (1) have suffered an "injury in fact. .Ct.2d 610 (2000) (citing Lujan v.S. 145 L.J. Litig..S. Serv.. 102. 43. supra. Warmuth d/b/a/ City National Corporation/Bank in esse.2d 675 (1983)). 39 F.Ct. or 5) A complaint about an invalid agreement.Supp. or 4) A complaint about alleged fraud. at 3327. 16.. 119 L. 560-61.S. 405 U.Ct. at 756.2d 351 (1992)). 103 S. Adverse credit reports prohibited. at 155. or 2) A complaint about undelivered goods and services.S. 490. and not . Sierra Club v. 555.Ed.Ct. the plaintiff must have suffered an "injury in fact"--an invasion of a legally protected interest which is (a) concrete and particularized. and that is (3) likely redressable by a favorable decision. 1361. 1368-1369. 426 U.S. 461 U. or report that an amount or account is delinquent.. By particularized. First.. 1917. Morton. supervisors. Please provide this documentation under the penalties of perjury. because the consumer failed to pay the disputed amount or related finance or other charges. See also In re Ford Motor Co. 112 S. Christopher J. 740-741. Over the years. 2197. 504 U.S. that was (2) caused by or fairly attributable to the challenged action of the defendant. 31 L. 26. pending resolution: a.Ed." as opposed to merely "speculative. th[e] result [of] the independent action of some third party not before the court. The creditor or its agent shall not (directly or indirectly) make or threaten to make an adverse report to any person about the consumer's credit standing...Ed.

Yes or no. verification. So it’s based on facts currently within your knowledge? Yes or no. possessions. oath. including documentation evidence. do You have a license to practice law granted to You by the State of TEXAS ? Is that an arbitrary opinion? Yes or no. Executed on (date). regulation. Unsworn declarations under penalty of perjury Release date: 2005-09-29 Wherever. verify. or requirement made pursuant to law. or state) under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. are You an attorney? Yes or no. in substantially the following form: (1) If executed without the United States: "I declare (or certify.The dispute regarding a computational or similar error(s) of an accounting nature that is/are made by the creditor. or commonwealths: "I declare (or certify. or proved by the unsworn declaration. verify. as true under penalty of perjury. I direct You to “declare the issues” and provide the “bill of particulars” in the alleged “debt” of Cathy Spano to You. established. certificate. do You have a contract with PETE SPANO? Yes or no. established. Is that an arbitrary opinion? Yes or no. PART V. (Signature)". CHAPTER 115 1746. the creditor's failure to credit properly a payment(s) or other credit(s) issued to the consumer's account. accounts. Questions for the Respondent are to be responded to under the penalties of perjury. or an oath of office. every question in writing and are as follows: Factually. fixtures and services in the alleged . statement. and the consumer's request for additional clarification. verification. or statement. be supported. I direct You to provide the proceeds. So it’s based on facts currently within your knowledge? Yes or no. do You have a right or a privilege to make a legal determination for PETE SPANO without his permission? Yes or no. Factually. its territories. (Signature)". complete. any matter is required or permitted to be supported. such matter may. under any law of the United States or under any rule. or state) under penalty of perjury that the foregoing is true and correct. products. Executed on (date). in writing of the person making the same (other than a deposition. and dated. In Title 28 of the United States Code (28 USC) we find at section 1746 the following: TITLE 28. or proved by the sworn declaration. certain and not misleading. in writing of such person which is subscribed by him. to each and Factually. Declarant is competent to testify in this affidavit that each and every fact is true. Emphasis Added (2) If executed within the United States. order. All statements made by You not wet-ink-signed under the penalties of perjury shall be accompanied by a statement signed under the penalties of perjury that such statements may be made. evidenced. or an oath required to be taken before a specified official other than a notary public). or affidavit. with like force and effect. evidenced. Factually. certificate.

Do You know what a “license” is. International Shoe Co. If so. agents and assigns and/or Cathy Spano? Who is the real party of interest? Where is the damaged property and the verified assessment of its value? Is that an arbitrary opinion? Yes or no. under the penalties of perjury per 26 USC 6065. as the contract. heirs. Do You have a bond underwriting this instant case against Me? Yes or no. A judgment rendered in violation of due process is void. You have never provided to the court the “known legal duty” that I have violated. factually? Is that an arbitrary opinion? Yes or no.S. Neff. So it’s based on facts currently within your knowledge? Yes or no. Where is the superior pre–existing contract between Bram Goldsmith. Do You have a proof of claim filed in this instant case against Me? Yes or no. . If so. supervisors.” World Wide Volkswagen v Woodsen. Each party in this case has failed to produce their license to practice law issued by the state of TEXAS. Each of the parties is also incompetent to practice law. 306.S. 326 U.“debt” of Cathy Spano to Me. “A judgment rendered in violation of due process is void in the rendering State and is not entitled to full faith and credit elsewhere. Washington. So it’s based on facts currently within your knowledge? Yes or no. 195 US 257 (1904). There is also lack of venue of jurisdiction in this matter. National Bank v Wiley. factually? Yes or no. 339 U.S. and be subject to the personal jurisdiction of the court. factually? Is that an arbitrary opinion? Yes or no. So it’s based on facts currently within your knowledge? Yes or no. What is a “ summary judgment” and its requirements. for the record. 291 (1980). with no third-party interveners allowed. Russell Goldsmith. in the prosecution of this case. 95 US 714 (1878). Do You know what a "contract" is and its requirements. Is that an arbitrary opinion? Yes or no. is specifically a matter between Me and the plaintiff. have the proof of claim entered into evidence in this instant case. and is practicing law without a license. Warmuth d/b/a/ City National Corporation/Bank in esse. What is “jurisdiction” and its requirements.. 310 (1945). v. Mullane v. Factually. Pennoyer v Neff. 313 -314 (1950). factually? Yes or no. Christopher J. 95 U. What is the amount of the bond. 714. Pennoyer v. 444 US 286. Is that an arbitrary opinion? Yes or no. Central Hanover Trust Co. representing Me without My permission. or lack of contract. So it’s based on facts currently within your knowledge? Yes or no. underwriter and underwriter address of this case against Me? Factually. 732 -733 (1878). as My due process rights have been abrogated in this case. Due process requires that the defendant be given adequate notice of the suit. wetink signed. So it’s based on facts currently within your knowledge? Yes or no.

COURT ORDER. 3.S.2d 79 (10th Cir. The LAW of the case must affirmatively appear in record. If so. Your affidavit declaring that You did not pay for or otherwise make or promise consideration to secure the office (5 U. whether administrative or judicial. Community TV. Documentation that establishes your complete line of delegated authority. With respect to your notification of order to revoke my license.Factually. "arising under" clause). 1964): 5.S. I am duty bound to ask that You now prove your Personal Authority as an authorized government agent. As You have not complied with these elements. YOU HAVE NEVER SHOWN PROOF OF COURT ORDERED JUDGMENT AGAINST ME/US/WE/OURSELVES FOR THE AMOUNT OF DEBT YOU PURPORT I/ ME/US/WE/OURSELVES OWE.. See Federal Maritime Commission v. § 3331. South Carolina Ports Authority. as required by Article VI. 2. which in the instance of a tax controversy necessarily includes taxing and liability statutes with attending regulations (See United States of America v. Constitution. must render a written decision that includes findings of fact and conclusions of law.S. 6. See 5 U. Menk. “judge”. In the event that You do not have a personal surety bond. AND/OR PROPER SEAL OF AUTHORITY. Please provide Me with certified copies of the following: 1. Sup. facts must be verified by competent witnesses via testimony (affidavit. Inc. Unless stipulated by agreement. including compliance with substantive and procedural due process requirements.) and cite the section of the act of Congress that created the office You occupy. "appeals office". "revenue officer". standing. 4. Paragraph 3 of the Constitution of the United States and 5 U. venue and all elements of subject matter jurisdiction. Your financial statements will be construed as a private treaty surety bond in the event that You exceeded lawful authority.C. "revenue agent". 535 U. 327 F. 2.. Your precise title (“attorney”. YOU HAVE NEVER SUBMITTED ANY SUCH DOCUMENTATION TO ME/US/WE/OURSELVES OR ANY PARTIES YOU HAVE NOTIFIED STATEMENTS THAT SAID DOCUMENTS EXIST UNDER THE PENALTIES OF PERJURY PER 26 USC 6065.S. You may provide a copy of Your financial statements. and 6. which You were/are required to file annually. 5. When Challenged. Your personal surety bond. "special agent". Your constitutional oath of office. have the proof of loss entered into evidence in this instant case.C. . The advocate of a position must prove application of law to stipulated or otherwise provable facts.S. must be established in record. 4. 784 at 787 and United States of America v. deposition or direct oral examination). Your civil commission as agent or officer of Government of the United States. § 2906 for requirements concerning filing oaths of office. These documents should all be filed as public records. 260 F. whether administrative or judicial arising under the Constitution and Laws of the United States (Article III § 2. Facts of the case must be established in record.C. (2002) The following elements are essential: 1. as required by Article II § 3 of the Constitution of the United States and attending legislation. The trial court.. U. Do You have a proof of loss filed in this instant case against Me? Yes or no. 3. § 3332). etc. for the record. is there evidence by a complaining party? There are essentials to any case or controversy. including all intermediaries beginning with the President of the United States.

or promissory notes or a consignor. Messner. (Iowa 1996) 548 N. Allied Property and Casualty Ins.Please also be aware of several cases dealing with affidavits per case law in your future submittal of any further/future affidavits by You: Frunzar v. 150 F.210. (a) In this section: (1) "Request" means a record of a type described in Subdivision (2). 1997) (Restitution had to be based on actual loss). Co. by authenticating and sending to the debtor an approval or correction. . a secured party.2d 235 – The practice of an attorney filing an affidavit on behalf of his client asserting the status of that client is not approved. per UCC 9-210. and (f). other than a buyer of accounts. Request for Accounting: TEXAS SECTION § 9. or (4). (2) "Request for an accounting" means a record authenticated by a debtor requesting that the recipient provide an accounting of the unpaid obligations secured by collateral and reasonably identifying the transaction or relationship that is the subject of the request. 1979 ) 274 N. I direct You to provide the proceeds.W. Porter v.W. (3) "Request regarding a list of collateral" means a record authenticated by a debtor requesting that the recipient approve or correct a list of what the debtor believes to be the collateral securing an obligation and reasonably identifying the transaction or relationship that is the subject of the request. (3). McChain v. (b) Subject to Subsections (c). United States v. Stoddard.3d 1448 (10th Cir. REQUEST FOR ACCOUNTING.2d 880 Professional statements of litigants attorney are treated as affidavits. and is not affirmance on knowledge and is not proof which would be admitted in evidence on trial of the issues. REQUEST REGARDING LIST OF COLLATERAL OR STATEMENT OF ACCOUNT. (e).D. (d). chattel paper. products.2d 607 – An affidavit on information and belief is an anomaly. and attorney making statements may be cross-examined regarding substance of statement. by authenticating and sending to the debtor an accounting. Detroit Creamery Co (Mich 1932) 241 N.2d 244 – Statutes forbidding administering of oath by attorney’s in cases in which they may be engaged applies to affidavits as well.3d 1140 (9th Cir. inasmuch as not only does the affidavit become hearsay. Porter (N. Also be aware of the following case law: United States v. shall comply with a request within 14 days after receipt: (1) in the case of a request for an accounting. payment intangibles. and (2) in the case of a request regarding a list of collateral or a request regarding a statement of account. (4) "Request regarding a statement of account" means a record authenticated by a debtor requesting that the recipient approve or correct a statement indicating what the debtor believes to be the aggregate amount of unpaid obligations secured by collateral as of a specified date and reasonably identifying the transaction or relationship that is the subject of the request. You have not submitted a proof of loss or proof of claim to Declarant for consideration in this matter under the penalties of perjury. Deyo v. and the most it does is to affirm that the Affiant was informed and believed as fact to be true. but it places the attorney in a position of witness thus compromising his role as advocate.W. 107 F. 1998) (Restitution could not exceed actual loss). accounts.W. fixtures and services in the alleged “debt” of PETE SPANO to Respondent. City of Fond Du Lac (Wis 1959) 96 N.

Please state your name. 101741418-01 involving your request of $75. This is a private presentment to You in your individual capacity and is intended to effect an outof-court settlement of this matter. Please furnish a copy of the original promissory note redacting my social security number to . within fourteen (14) days** plus mailing time. I would like to settle it as soon as possible and I may have a counter claim to set-off the disputed balance. but I need the information requested in this correspondence before I can take any action to settle this disputed account. You are now in receipt of notice under the authority of The Fair Debt Collection Practices Act regarding your account No. Please be advised that I am not refusing to pay. providing the name and mailing address of any assignee of or successor to the recipient's interest in the collateral. It is not now. claims no interest in the collateral when it receives the request. This is a request for validation. heirs. and if known to the recipient. Russell Goldsmith. or if You need any question restated. (d) A person that receives a request regarding a list of collateral. 2. Christopher J. OR 21 DAYS. Please answer the following questions relating to the disputed account and return them to Me within ten (10) days under the penalties of perjury. Warmuth d/b/a/ City National Corporation/Bank in esse. (e) A person that receives a request for an accounting or a request regarding a statement of account. 1. shall constitute your agreement with the facts stated in the attached Asseveration. Please document and verify the “debt” by complying in good faith with this request for validation and note that I dispute all of the alleged debt. agents and assigns. please make your request to Me in writing. and claimed an interest in the obligations at an earlier time shall comply with the request within 14 days after receipt by sending to the debtor an authenticated record: (1) (2) disclaiming any interest in the obligations. providing the name and mailing address of any assignee of or successor to the recipient's interest in the obligations.(c) A secured party that claims a security interest in all of a particular type of collateral owned by the debtor may comply with a request regarding a list of collateral by sending to the debtor an authenticated record including a statement to that effect within 14 days after receipt. and claimed an interest in the collateral at an earlier time shall comply with the request within 14 days after receipt by sending to the debtor an authenticated record: (1) (2) disclaiming any interest in the collateral. supervisors. If You need more time. occupation and mailing address. and if known to the recipient. The secured party may require payment of a charge not exceeding $25 for each additional response.23 including interest to Bram Goldsmith. nor has it ever been my intention to avoid paying any obligation that I lawfully owe. this is why I am sending You these questions. (f) A debtor is entitled without charge to one response to a request under this section during any six-month period. Conduct yourself accordingly. claims no interest in the obligations when it receives the request. These laws are pursuant to TEXAS Statutes.

3. Who was the owner of each account or. Christopher J. agents and assigns Please provide the contract with signatures wet-ink signed by all parties under the penalties of perjury. Christopher J. Russell Goldsmith. or any other parties having an interest in legal proceedings regarding the alleged debt. Please provide verification from the stated creditor that You are authorized to act for them. Please verify under penalty of perjury. are unenforceable unless the party to whom the contract is extended could have rejected the clause without impunity. Warmuth d/b/a/ City National Corporation/Bank in esse. list those individuals having signature rights to each account? 11. supervisors. memoranda relating to the source of funds relating this disputed account and list all other sources of information such as computer file names and names of databases or locations at which related information is located or accessible. 6. Warmuth d/b/a/ City National Corporation/Bank in esse. 5. Bram Goldsmith. 12. Please produce that 14. 7. 10.prevent identify theft and state under penalty of perjury that your client named above is the holder in due course of the promissory note and will produce the original for my own and a judge's inspection. Russell Goldsmith. You have not purchased evidence of debt and are proceeding with collection activity in the name of the original maker of the note. that as a debt collector. supervisors. Identify the account that was debited when the disputed account was created. corporations. Identify the source of the funds in the account that is the subject matter of this "collection notice. reports. associations. Russell Goldsmith. 8. Please verify under penalties of perjury that Cathy Spano has a contract with You and/or Bram Goldsmith. Warmuth d/b/a/ City National Corporation/Bank in esse." 4. agents and assigns under the penalties of perjury. such as a so-called forum selection clause. . What was the account number of the account in which the funds were held prior to the opening of the account that is the subject matter of this collection notice? 9. Christopher J. 13. Please identify by name and address all persons. heirs. agents and assigns I am not in receipt of the document that verifies that Cathy Spano owes legal and lawful money of exchange to You and/or Bram Goldsmith. Please produce the account and General ledger statement showing the full accounting of the alleged obligation that You are now attempting to collect. heirs. supervisors. Please verify under penalty of perjury that You know and understand that certain clauses in a contract of adhesion. heirs. Produce all records.

agents and assigns authorized this action. Warmuth d/b/a/ City National Corporation/Bank in esse. 16. 17. Did the funds for the disputed account originate from another account or lending institution? 21. 15. supervisors. agents and assigns any document which verifies that You and/or Bram Goldsmith. Christopher J. Identify the source of the funds that created the disputed account. Warmuth d/b/a/ City National Corporation/Bank in esse. Christopher J. heirs. please identify the account that was debited by account number and the name or names of the debited account's signer. Russell Goldsmith. agents and assigns has a proof of claim and proof of loss against Cathy Spano. state the total balance of this debited account at the time the debit was made and. and explain how the funds for this account were originated. Please identify the account number from which the funds originated in order to create the disputed account. Warmuth d/b/a/ City National Corporation/Bank in esse. supervisors. Russell Goldsmith. I am not in receipt of Bram Goldsmith. Russell Goldsmith. I am not in receipt of any document that the Bram Goldsmith. Christopher J. supervisors. holder and/or owner. If You denied that no other account was debited when the disputed account was opened or created. 24. . 25. Admit that no other account was debited when the disputed account was created. Warmuth d/b/a/ City National Corporation/Bank in esse. heirs. agents and assigns has standing to sue in any TEXAS court by virtue of being duly registered as “STATE OF TEXAS” meeting the minimum contacts requirements for in person am jurisdiction. I am not in receipt of any document which verifies that Bram Goldsmith. supervisors. heirs. 22. List the names and addresses of all lending institutions from which any funds were purportedly originated.documentation. Please provide this documentation under the penalties of perjury. Please provide this documentation under the penalties of perjury. list the names of the signers on the account and the date that the account was opened along with the opening balance. If You denied that no other account was debited when the disputed account was opened or created. list those individuals having signature rights to each account? 19. 20. and said forms are enclosed for your submittal within 10 days. Christopher J. 23. Russell Goldsmith. 18. heirs. Who was the owner of each account or.

did the purported lender or financial institution involved in the alleged loan use their money as adequate consideration to purchase the promissory note from the alleged borrower? YES or NO. please identify the system by name and describe how it works. If any loan origination system.26. According to the bookkeeping entries. Identify the name of the records or system of accounting records or ledgers reflecting the transaction for the disputed account. 31. to your implication or allegation that a loan was given to the party that You are trying to collect from. . 33. According to the alleged loan agreement. software or other procedures were used in the opening of the disputed account. Were all material facts disclosed in a written agreement? YES or NO. was the purported lender or financial institution involved in the alleged loan to accept anything of value from the alleged borrower that would be used to fund a check or similar instrument in approximately the amount of the alleged loan? YES or NO. Please produce all documents and information. 32. 35. 36. did the purported lender or financial institution involved in the alleged loan accept anything of value from the alleged borrower that would be used to fund a check or similar instrument in approximately the amount of the alleged loan? YES or NO. Did the purported lender involved in the alleged loan follow Generaly Accepted Accounting Principles. 27. related in any way. please list those account numbers. According to the bookkeeping entries. GAAP? YES or NO. 38. Which employee of the bank authorized the transaction? 28. If You answered yes to the above question. According to the alleged loan agreement. Was the intent of the purported loan agreement that the party that funded the loan should be repaid the money lent? YES or NO. 30. was the purported lender or financial institution involved in the alleged loan to use their money as adequate consideration to purchase the promissory note from the alleged borrower? YES or NO. What is the name and address of any bank auditor or certified public accountant involved with or having any relation to the accounting function regarding the disputed account? 37. 34. 29. Were any loan numbers assigned to the disputed account? 39.

Explain how each account was created or originated. 52. 45. Each party in this case has failed to produce their license to practice law issued by the state of TEXAS. Please produce all records and tangible evidence relating to the questions herein and send them along with your response. 50. socially and emotionally. 48. Was an account created with the purported loan amount then debited to fund the disputed account? 43. 49. Please verify that You know and understand that contacting Me again after receipt of this notice without providing procedurally proper validation of the debt constitutes the use of interstate communications in a scheme of fraud by advancing a writing that You know is false with the intention that others rely on the written communication to the detriment of Cathy Spano. 42. receipt of this notice without providing procedurally proper validation of the debt constitutes the use of intrastate communications in a scheme of fraud by advancing a writing. Please explain your answer to the above question. Christopher J. Russell Goldsmith. or any other parties having an interest in legal proceedings regarding the alleged debt. heirs. that as a debt collector. are unenforceable unless the party to whom the contract is extended could have rejected the clause without impunity. 41. 44. Please verify under penalty of perjury. corporations. such as a so-called forum selection clause. Warmuth d/b/a/ City National Corporation/Bank in esse. which You know is false with the intention that others rely on the written communication to their detriment. supervisors. Please verify that You know and understand that contacting Me again after. agents and assigns I have been damaged financially. Please produce the account and General ledger statement showing the full accounting of the alleged obligation that You are now attempting to collect. Please verify under penalty of perjury that You know and understand that certain clauses in a contract of adhesion. representing Me without My permission. Please provide verification from the stated creditor that You are authorized to act for them. 46. Explain how the funds for each account were deposited and where they originated. Each of the . 47. Please identify by name and address all persons. and is practicing law without a license.40. associations. As a result of the harassment of Bram Goldsmith. You have not purchased evidence of debt and are proceeding with collection activity in the name of the original contracting party. 51.

as My due process rights have been abrogated in this case. 1. 49 P. cited as foreign law. with no third-party interveners allowed. Defendant asserts this void Order may harm his commercial affairs and hereby reserves all rights afforded to him to take other legal action against the parties involved. relief is not discretionary matter. its proceedings are absolutely void in the fullest sense of the term. wet-ink signed. Pennoyer v Neff. Div. 195 US 257 (1904). 95 U. 132. 339 U. “A judgment rendered in violation of due process is void in the rendering State and is not entitled to full faith and credit elsewhere. goods. Re Cavitt. A judgment rendered in violation of due process is void. or lack of contract. "Jurisdiction is fundamental and a judgment rendered by a court that does not have jurisdiction to hear is void ab initio. 313 -314 (1950).” World Wide Volkswagen v Woodsen.parties is also incompetent to practice law. is specifically a matter between Me and the plaintiff.S.S. Litzenburg. TEXAS courts give great weight to federal courts’ interpretations of Federal Rule of Civil Procedure governing motion for relief from judgment in interpreting identical text of Arizona Rule of Civil Procedure. person. 732. and be subject to the personal jurisdiction of the court. and right and justice shall be administered without favor. 34 C 329. Ex parte Giambonini. International Shoe Co. Shalala. Orner v. 306. Central Hanover Trust Co. states “Courts shall be open. . Dillon. but is mandatory. 326 U. 310 (1945).S. denial. 291 (1980). Renfield. 300 P. "A universal principle as old as the law is that a proceedings of a court without jurisdiction are a nullity and its judgment therein without effect either on person or property. every person for an injury done him in his lands. 714. or reputation shall have remedy by due course of law. in the prosecution of this case. You have never provided to the court the “known legal duty” that I have violated for fraud or fraudulent representations." In Re Application of Wyatt. There is also lack of venue of jurisdiction in this matter. The meeting is deemed secret as Defendant was not required to attend after the debt was discharged. When rule providing for relief from void judgments is applicable. Washington. Pennoyer v. as the contract. Estate of Page v. 118 P2d 846. 187 P 27. Declarant reserves the right to bring further civil action to all persons involved in the breach of his constitutional and YHWH given rights. "Thus. Due process requires that the defendant be given adequate notice of the suit." Dillon v. where a judicial tribunal has no jurisdiction of the subject matter on which it assumes to act. 444 US 286. review denied (Ariz. National Bank v Wiley.. Mullane v. Neff.3d Article 1 § 18 of the North Carolina Constitution. v. under the penalties of perjury per 26 USC 6065. 852 P. 732 -733 (1878). 1998).2d 128.App. or delay." Norwood v. 30 F. 95 US 714 (1878). and the court proceeded to favor the Plaintiff in their unlawful action. Declarant argues that justice was administered with favor to the Plaintiff. to be entered into this case. All courts shall be open.” Declarant asserts he was denied due process because of the secret court meeting.

As the court has not stated a claim for which relief can be granted. to clearly demonstrate that he has power of attorney in-fact from the State of Texas. Summary decisions are those cases. whether administrative or judicial. There are essentials to any case or controversy. You have failed to state a claim against Declarant for which relief can be granted. The attorney for Plaintiff has also failed to produce his license to practice law issued from the State of TEXAS and is incompetent to practice law.S. venue and all elements of subject matter jurisdiction. The LAW of the case must affirmatively appear in record. Facts of the case must be established in record. Why? Because most cases cited by U.S. Unless stipulated by agreement. If the court lacks the authority to do either. the court possessed sufficient authority to determine its jurisdiction and/or authority. 3. In these cases. standing. 4.S. The trial court. 6. (2002) The following elements are essential: 1. which in the instance of a tax controversy necessarily includes taxing and liability statutes with attending regulations (See United States of America v. Attorneys and State Attorneys can best be identified as summary decisions. must be established in record. habitually used in the federal system are not valid. Constitution... which were dismissed because the court lacked either jurisdiction. including compliance with substantive and procedural due process requirements. 2. the court must have authority to determine the issues and grant the relief. per 26 USC 6065. the court ruled on the affirmative defense motion known as a lack of jurisdiction or Motion to Dismiss upon a Claim for Which Relief Can Be Granted. it doesn’t have cognizance in the matter. The advocate of a position must prove application of law to stipulated or otherwise provable facts. showing proof of claim and proof of loss. Rather. which was to rule on the motion before it. pleadings. wet ink signed from the plaintiff. and the order of judgment is not wet-ink signed. the case against Me Shall be dismissed. 784 at 787 and United States of America v. petitions and papers must be filed in a court with the authority to adjudicate the issues and grant the relief requested. Sup. deposition or direct oral examination). 1964): 5. Menk. U. South Carolina Ports Authority. Inc. 535 U. facts must be verified by competent witnesses via testimony (affidavit.2d 79 (10th Cir. 260 F. . under the penalties of perjury.. Most purported precedents. The case was dismissed without adjudication of the complaint. You have failed to produce the attorney in fact testamentary documentation. Community TV. must render a written decision that includes findings of fact and conclusions of law. See Federal Maritime Commission v. whether administrative or judicial arising under the Constitution and Laws of the United States (Article III § 2. Complaints. or the authority to grant the relief requested. When Challenged. 327 F. "arising under" clause).Furthermore. Remember.

RESPONSE DONE BY AND IN AFFIDAVIT FORM . Produce the contract signed by me under which you compel performance UCC 1-201(3). YOU ARE ORDERED TO CEASE AND DESIST FROM FURTHER CONTACT WITH ME OR ATTEMPT TO COLLECT FROM ME. I would appreciate your prompt attention and response to this matter. AND RES JUDICATA”. You may provide a copy of Your financial statements. See 5 U. Evidence 902 paragraph 9. MAIL # 2. THIS COULD ADVERSELY AFFECT YOUR CREDIT REPORT.000. ACCEPTANCE OF CONTRACT. material misrepresentation. ORDER. 2) You did not Evidence the statute and implementing regulation which gives you authority to send the above noted Presentment under the pains and penalties of perjury per 26 USC 6065 PUBLIC LAW. ESTOPPEL BY ACQUIESCENCE. ALL SUPERVISORS. “YOU/THEY ARE IMPEACHED AND ARE IN ESTOPPEL”! The only due process and remedy open for Respondents is restricted to prove up on the issues of whether or not You: # 1. RESPONDED TIMELY BY REGISTERED U.These documents should all be filed as public records.00 LAWFUL SILVER COIN MINTED BY THE UNITED STATES OF AMERICA FOR EACH VIOLATION PER USER/ISSUER WITHOUT RECOURSE.S. WET-INK-SIGNED UNDER THE PENALTIES OF PERJURY.R. theft by deception. The attached are incomplete instruments UCC 3-115. THAT YOU/THEY ARE NOW AND FOREVER BARRED TO ARGUE AND CONTROVERT THE ISSUES ADMINISTRATIVELY AND JUDICIALLY. PROMISSORY ESTOPPEL. Your Presentment is being returned by me Without Dishonor since you have sent an incomplete instrument UCC 3-115 with which you are trying to induce the above. #731 (79760) Texas as this notice also constitutes a Notice to Cease Telephonic Communication. § 2906 for requirements concerning filing oaths of office. fraud by inducement. YOU ARE FIRED AND DISCHARGED. but not limited to.C. Your financial statements will be construed as a private treaty surety bond in the event that You exceeded lawful authority. HEIRS. YOU ARE LIABLE TO ME FOR YOUR ACTIONS IN YOUR INDIVIDUAL AND CORPORATE CAPACITY. Failure on your part to vacate the presentments of your demand will result in my pressing criminal charges under 26 USC 7214 & Sec.S. Failure to provide me with the above requisites invalidates the Presentments you have made UCC 3-305(2). YOU HAVE FAILED TO PROVIDE TO ME A COURT JUDGMENT AGAINST ME FOR THE EXACT AMOUNT OF THE STATED CLAIM. These documents do not Evidence: 1) The statute and implementing regulation for the specific requirement you imply I am liable for under the pains and penalties of perjury per 26 USC 6065 PUBLIC LAW. COLLATERAL ESTOPPEL.. DEMAND AND INVOICE in a timely manner under Regulation Z is Your tacit agreement without recourse that You “ARE ESTOPPED BY TACIT PROCURATION. YOUR USE OF THE NAME PETE SPANO IN COMMERCE WITHOUT MY PERMISSION IS ALSO YOUR TACIT AGREEMENT TO PAY $500. AND ARE PRACTICING LAW WITHOUT A LICENSE AND INTERFERING IN MY COMMERCIAL AFFAIRS WITHOUT MY PERMISSION. extortion using the mail system.P. coercion. YOUR PRESENTMENT IS NOT SUBMITTED TO ME WITH FIRST HAND KNOWLEDGE OF MATERIAL FACT WHICH CAN BE ENTERED INTO EVIDENCE UNDER THE PAINS AND PENALTIES OF PERJURY PER 26 USC 6065. from receipt of this Registered Mail UCC 1-201(10). WITH THE CHARGES AND CLAIM(S) AS INFORMATION TO BE ENTERED INTO EVIDENCE INTO THIS CASE. duress. which You were/are required to file annually. There is no immunity for anybody when they deal in commercial paper under the Eric and Clearfield Doctrine.C. STARE DECISIS. In the event that You do not have a personal surety bond. by Fraud UCC 3305(2)(B) & (C) causing violation of contract by the above with me. AS YOU HAVE FAILED TO STATE A CLAIM AGAINST ME UNDER THE PENALTIES OF PERJURY. AGENTS AND ASSIGNS OF YOU ARE ALSO JOINTLY/SEVERALLY LIABLE IN THIS PRIVATE CONTRACT WITH ME. Please contact Me by registered mail c/o 7001 W Parker Rd. You have ten (10) days to comply. see F. malfeasance of office under color of law. Respondent’s failure to respond to this NOTICE. 241 & 242 of Title 18. 28 USC 1764 AND 28 USC 1765.

Arizona. or failure to timely withdraw and close the referenced accounts shall be declared an express acceptance of this contract by the Respondents . FORMAL NOTICE is hereby given to you that you have the Right to remain silent. Presentment not wet-inksigned under-the-penalties-of-perjury. AND A CERTIFIED COPY OF THE WRITTEN PERMISSION FROM DECLARANT TO USE THE COPYRIGHTED FICTION OF DECLARANT FOR COMMERCIAL OR FOR ANY OTHER PURPOSES # 6. BOTH CONTRACT(S)/CLAIM(S) OPPORTUNITY FOR TIMELY WITHDRAWAL OF OFFERS TO CONTRACT BY ALL RESPONDENTS If the Respondents withdraw offers of contract to wit: Presentment received July 30. penalties and miscellaneous charges to be determined at time of settlement. 2010 indicates that PRESBYTERIAN HOSPITAL PLANO has SOLD CITY NATIONAL BANK said account for MORE than the total amount due. that all statements contained therein are true. CORPORATE CHARTER. LIMITED SALES. certain and not misleading. or trials. in which you will be subject to a public lien which is not a lis pendens lien upon You in your private and corporate capacity. THAT ALL QUESTIONS ARE MANDATED ANSWERED. for interfering in the Commercial Affairs of Declarant and abrogating due process rights of same. and collection monies under the terms and conditions of this contract. Pursuant to the holding of the U. agents and assigns.55 against Declarant. without proper and complete verification of debt to said third-party-witness and notary public as designated below. Forever thereafter. foreclosure. EXCISE.23 or balance of $963. ANSWER POINT FOR POINT EACH AND EVERY ISSUE IN SPECIFICITY # 4. Christopher J. THEN THIS CONTRACT SHALL BECOME VOID. ASSUMED NAME CERTIFICATE. the Respondents shall be irrevocably bound to the terms of this contract.S. and the Declarant shall not proceed with the enforcement. complete. In the event of your continuance of this matter. THAT YOU/THEY QUALIFY THEIR AFFIDAVIT UNDER THEIR UNLIMITED LIABILITY COMMERCIAL OATH AND VERIFICATION #7. under the . Except for the filing of any document as required to dismiss or close the referenced accounts. Kindly forward Your acceptance with payment or written notice of withdrawal to this Acknowledgement Official and witness to this notice to produce contract: Peter:Spano. OATH. agents and assigns . 436 (1966). BOND. heirs.# 3. Warmuth d/b/a/ City National Corporation/Bank in esse.55. without recourse to all terms stipulated by Declarant. the filing of any further document with any court by any of the Respondents or their agents. ENTER EVIDENCE AND POINTS AND AUTHORITIES # 5. heirs. supervisors. Warmuth d/b/a/ City National Corporation/Bank in esse. THAT YOU/THEY SIGNATURE UNDER TITLE 28 PENALTIES OF PERJURY #8. AND USE TAX PERMIT. or the convening of any conferences docket-soundings. filing fees and miscellaneous expenses. hearings. is your complete and permanently binding agreement to renumerate Declarant for $ 963. not did Affiant state that “Affiant is competent to testify” by Bram Goldsmith.S. plus compensatory damages of three (3) times the amount of your stipulated and unproven charges of $ 963.55 as settlement on the amount due on PRESBYTERIAN HOSPITAL PLANO account # 101741418-01 . Authorized Representative C/o 7001 W Parker Rd. Russell Goldsmith. nor with properly-affixed-seal-of-authority. Christopher J. supervisors. Supreme Court in Miranda v. THAT YOU/THEY DISCLOSE THEIR SOCIAL SECURITY NUMBER WITH SIGNATURE. BAR# AND LICENSE TO PRACTICE LAW. Russell Goldsmith. 384 U. with final charges of interest. plus court costs. We are demanding payments with interest in the amount of $75. #731
 Plano [75093] Texas MIRANDA WARNING Bram Goldsmith. IN THE STATES INVOLVED IN RESPONDENTS’ ACTION. Within seventy-two hours (3 days) of receipt of this Acceptance of Offer to Contract.

WITH YOUR FIRST PERSON EVIDENCE AS MATERIAL FACT.C. and anything which you say. CONSTRUCTIVE TREASON. AND BREACH OF CONTRACT OF OATH OR AFFIRMATION FOR THE united STATES OF AMERICA. LEGAL NOTICE RESPONSIBILITY DISCLAIMER UNDER U. Copy-Claim and Copyright for PETE SPANO©.S. BREACH OF CONTRACT BY ANY PARTY WILL CAUSE SANCTIONS UNDER FEDERAL RULES OF CIVIL PROCEDURE RULE 16(t). WHEN THE CONSTITUTION OF THE united STATES OF AMERICA IS SURRENDERED FOR A FOREIGN STATE/POWER.: 1 AMERICAN FLAG OF PEACE OF THE united STATES OF AMERICA. can and will be used against you in the District Court of the United States.AMENDMENT 13: NO TITLES OF NOBILITY (ESQUIRES) UNDER ANY FOREIGN FLAG JURISDICTION AND IN BREACH OF THE TREATY OF TITLE 28 U. THEN CHARGES FOR PERJURY OF OATH (TITLE 18 U. OATH OF FIDUCIARY OFFICERS OF THE COURT. WILL BE ALLOWED IN THE JURISDICTION OF THE CASE. or do. REFERENCED UNDER PRESIDENTIAL EXECUTIVE ORDER 10834. Secured Party. Sovereign. you have the right of Assistance of Counsel. (8) OF THE FEDERAL RULES OF EVIDENCE AND WILL BE USED TO ESTABLISH AN ADMINISTRATIVE RECORD WHICH WILL BE PROVIDED AS EVIDENCE IN ANY JUDICIAL PROCEEDINGS AT LAW OR EQUITY REGARDING THIS CASE. in the year of our Almighty One. YHWH. 1605 "FOREIGN SOVEREIGN IMMUNITY ACT OF October 21. THE CONSTITUTION OF THE united STATES OF AMERICA IS MADE A PART OF THIS CONTRACT BY REFERENCE AND IN A "REAL TIME" "PRESENT TENSE" STATE OF BEING NOTE: THIS DOCUMENT WILL BE MADE PART OF THE PUBLIC RECORD UNDER RULE 902 (4). AND united STATES CODE ANNOTATED 11: NO "FOREIGN STATE" (LAW OF THE FLAG) SHALL HAVE JURISDICTION OVER A SOVEREIGN CITIZEN IN PARTY.C.C. 1621). Pursuant to: at Thurston County. AND FALSE SWEARING WILL BE BROUGHT AGAINST THE OFFICERS OF THE COURT.”.C. IRS AND DEPARTMENT OF TREASURY FOR TAX PURPOSES THAT YOUR DOCUMENTATION MAY BE ACCEPTABLE FOR ACCOUNTABILITY FOR TAX PURPOSES. Washington file #2007-233-6073-7. 3-501. AND ARTICLE (1) SECTION (9).S. under the Sixth Amendment. No Dolus {right thumbprint SEAL} Certification Mark by: Peter:Spano . secured-priority-claim-holder and legal-authorized-agent of these state-createdfictional-juristic-persons only in capacity as beneficiary of the Original Jurisdiction. two thousand ten. Agent.S.S. YOUR ACTION CREATES A TAXABLE EVENT AND REQUIRES YOUR FIRST-PARTY TESTIMONY AS EVIDENCE TO THE Texas STATE COMPTROLLER. .S. AND UNDER ARTICLE (6) SECTION (3). from this point forward. NOTICE TO PRINCIPALS IS NOTICE TO AGENTS NOTICE TO AGENTS IS NOTICE TO PRINCIPALS Teste Meipso Done this ________ day of _____________. VENUE AND JURISDICTION OF ALL ACTIONS/CASES RELATING TO THIS CONTRACT ARE UNDER COMMON LAW JURISDICTION OF THE TITLE 4 U.C. 1986 FOR KNOWLEDGE OF THE LAW. Also applicable knowingly communicate or correspond without proper authority. Title Holder. 1976 AND IN BREACH OF THE CONSTITUTION OF THE united STATES OF AMERICA. Power of Attorney-in-Fact. 3231. By:_______________________________________. NO "state" (JUDGE) SHALL CREATE A STATE (AREA OF THE BAR). UNDER TITLE 42 U. AND UNDER ARTICLE (IV) (4) SECTION (3). Creditor. ET AL.C. Further Declarant saith naught. . in chief. See 18 U.C. .Fifth Amendment.

Witness my hand and seal: _____________________________ Notary Public Signature _____________________ My commission expires ) ) ) ss. 2010. ACKNOWLEDGEMENT SEAL: . the above mentioned appeared before me and executed the foregoing.Signed and sealed this _______ day of _________________. The purpose for notary is verification and identification only and not for entrance into any foreign jurisdiction. nor does it alter My status in any manner. Using a notary on this document does not constitute any adhesion. I do hereby certify that on this _____ day of __________________(month). 2010. JURAT Texas state Denton county As a Notary Public for Texas state.

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