admin neg averment-trafficct

Un-named parties to ComplaintR. Aubree’ Guancione©™ (aka HI&RH Empress Aubreé©™), Third Party Plaintiff IN ADMIRALTY Secured Party Creditor, under US FlagSovereign American without the USNon-Domestic Mail, c/o POB Six-Four-One-Six-Four-One San Jose, California Republic [95164]Tel. 408-830-6266

SUPERIOR COURT OF CALIFORNIA IN THE ADMIRALTYSUPERIOR COURT OF CALIFORNIA IN THE ADMIRALTYCOUNTY OF SANTA CLARA – TRAFFIC DIVISIONCOUNTY OF SANTA CLARA – TRAFFIC DIVISION

THIS PLEADING CHANGES JURISDICTIONTHIS PLEADING CHANGES JURISDICTIONCriminal Unlimited Admiralty JurisdictionCriminal Unlimited Admiralty Jurisdiction

1045 HOMESTEAD ROAD, SANTA CLARA, CA 950501045 HOMESTEAD ROAD, SANTA CLARA, CA 95050

SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA – TRAFFIC DIVISION,PAINE WEBBER GROUP dba THE PEOPLE of the STATE OF CALIFORNIA Plaintiffvs. ROSALIE AUBREÉ GUANCIONE©™, a maritime trust, Defendant . HI&RH Empress Aubreé©™,

Third Party Plaintiff IN ADMIRALTYvs. 1. DAVID H. YAMASAKI, dba CHIEF EXECUTIVE

OFFICER, CLERK (doctrine of Responde Superior)2. E. ORFANEL, dba CLERK OF THE TRAFFIC

COURT DIVISION3. C. KHA, dba LEGAL PROCESS CLERK4. S. CRADDICK, dba COURTROOM CLERK5. R. SORCI dba COURTROOM CLERK6. PENELOPE PAHL dba COMMISSIONER, ROOM 567. JOHN TRIPLETT dba COMMISSIONER8. JAMIE JACOBS-MAY, dba PRESIDING JUDGE

(doctrine of Responde Superior)9. PAINE WEBBER GROUP dba THE PEOPLE of the

STATE OF CALIFORNIA10. OFFICER JAMES SMITH, BADGE #18501 dba

CALIFORNIA HIGHWAY PATROL11. COMMISSIONER JOE A. FARROW dba

CALIFORNIA HIGHWAY PATROL (doctrine of Responde Superior)

12. J. PORRIA, #1592, dba SANTA CLARA COUNTY SHERIFF’S DEPUTY SERGEANT

13. LAURI SMITH dba SHERIFF, SANTA CLARA COUNTY (doctrine of Responde Superior)

14. SANTA CLARA COUNTY dba SANTA CLARA COUNTY SHERIFF’S DEPT.

15. CHIEF STEPHEN D. LODGE dba SANTA CLARA POLICE DEPARTMENT (doctrine of Responde Superior),

16. CITY OF SANTA CLARA dba SANTA CLARA POLICE DEPARTMENT

))))))))))))))))))))))))))))))))))))) )))

PEOPLE v GUANCIONE State Admiralty Case #7-09-TR-562668

SPECIFIC AFFIDAVIT OF NEGATIVE AVERMENT,OPPORTUNITY TO CURE, AND COUNTERCLAIM

Notice of: Haines v Kerner at 404 U.S. 519

Date: MAY 29, 2010

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17. JUDICIAL COUNCIL OF CALIFORNIA dba SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA – TRAFFIC DIVISION, and TR-130 TRAFFIC NOTICE TO APPEAR

18. STATE OF CALIFORNIA dba CALIFORNIA HIGHWAY PATROL

19. DIRECTOR GEORGE VALVERDE, dba DEPARTMENT OF MOTOR VEHICLES

20. STATE OF CALIFORNIA dba DEPARTMENT OF MOTOR VEHICLES

Third Party Defendants, Severally and Individually, All

))))))))))))

SPECIFIC AFFIDAVIT OF NEGATIVE AVERMENT,OPPORTUNITY TO CURE, AND COUNTERCLAIM

Comes now HI&RH Empress Aubreé©™, Third Party Plaintiff, by special visitation and not appearing generally, before this court seeking a remedy in Admiralty as is provided by “The Saving to the Suitors Clause” at USC 28 -1333(1). I am standing in my unlimited commercial liability as a Secured Party Creditor and request that the officers of this court do the same.

I respectfully request the indulgence of this court as I am not schooled in law. This is provided by the precedent set by Haines vs. Kerner at 404 U.S. 519 .

SILENCE IS ACQUIESCENCE, AGREEMENT, AND DISHONOR

THIS IS A SELF-EXECUTING CONTRACT

NOTICE OF INTERNATIONAL COMMERCIAL CLAIM WITHIN THE ADMIRALTY

ab initio ADMINISTRATIVE REMEDY

[28 U.S.C. §1333, §1337, §2461 and §2463]

NOTICE: THIS DOCUMENT IS NOT INTENDED TO THREATEN, HARASS, HINDER OR OBSTRUCT ANY LAWFUL OPERATIONS. IT IS FOR THE PURPOSES OF OBTAINING LAWFUL REMEDY AS PROVIDED BY LAW.

LIBELLANT:

HI&RH Empress Aubreé©™, Secured Party Creditor, sovereign American, Beneficiary, Executive Beneficiary for the Private Contract Maritime Trust known as ROSALIE A. GUANCIONE©™ c/o G.A. RINELLA, Notary AcceptorPO BOX 6341, SANTA CLARA, CALIFORNIA, 95056

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Notice to Agent is Notice to PrincipalNotice to Principal is Notice to Agent

LIBELLEES:

DAVID H. YAMASAKI, dba CHIEF EXECUTIVE OFFICER, CLERK (doctrine of Responde Superior)E. ORFANEL, dba CLERK OF THE TRAFFIC COURT DIVISIONC. KHA, dba LEGAL PROCESS CLERKS. CRADDICK, dba COURTROOM CLERKR. SORCI dba COURTROOM CLERKPENELOPE PAHL dba COMMISSIONER, ROOM 56JOHN TRIPLETT dba COMMISSIONERJAMIE JACOBS-MAY, dba PRESIDING JUDGE (doctrine of Responde Superior)PAINE WEBBER GROUP dba THE PEOPLE of the STATE OF CALIFORNIAOFFICER JAMES SMITH, BADGE #18501 dba CALIFORNIA HIGHWAY PATROLCOMMISSIONER JOE A. FARROW dba CALIFORNIA HIGHWAY PATROL (doctrine of Responde Superior)J. PORRIA, #1592, dba SANTA CLARA COUNTY SHERIFF’S DEPUTY SERGEANTLAURI SMITH dba SHERIFF, SANTA CLARA COUNTY (doctrine of Responde Superior)SANTA CLARA COUNTY dba SANTA CLARA COUNTY SHERIFF’S DEPT.CHIEF STEPHEN D. LODGE dba SANTA CLARA POLICE DEPARTMENT (doctrine of Responde Superior)CITY OF SANTA CLARA dba SANTA CLARA POLICE DEPARTMENTJUDICIAL COUNCIL OF CALIFORNIA dba SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA – TRAFFIC DIVISION, and TR-130 TRAFFIC NOTICE TO APPEARSTATE OF CALIFORNIA dba CALIFORNIA HIGHWAY PATROLDIRECTOR GEORGE VALVERDE, dba DEPARTMENT OF MOTOR VEHICLES (doctrine of Responde Superior)STATE OF CALIFORNIA dba DEPARTMENT OF MOTOR VEHICLES


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. YAMASAKICHIEF EXECUTIVE OFFICER, CLERK SUPERIOR COURT OF CALIF., COUNTY OF SANTA CLARA 191 N. First St.San Jose, CA 95113

Postmaster is additionally subject to postal statutes and the jurisdiction of the Universal Postal Union. Postmaster is also subject to the Bills of Lading Act, Title 5 USC, for proper delivery to all other Libellees.


Registered US Mail to: OFFICER JAMES SMITH, BADGE #18501 dba CALIFORNIA HIGHWAY PATROL, COMMISSIONER JOE A. FARROW dba CALIFORNIA HIGHWAY PATROL (doctrine of Responde Superior), STATE OF CALIFORNIA dba CALIFORNIA HIGHWAY PATROL, eachIn care of the Postmaster:

COMISSIONER JOE A. FARROWCALIFORNIA HIGHWAY PATROL

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P.O. Box 942898Sacramento, CA 94298-0001(916) 843-3000



Registered US Mail to: J. PORRIA, #1592, dba SANTA CLARA COUNTY SHERIFF’S DEPUTY SERGEANT, LAURI SMITH dba SHERIFF, SANTA CLARA COUNTY (doctrine of Responde Superior), SANTA CLARA COUNTY dba SANTA CLARA COUNTY SHERIFF’S DEPT., eachIn care of the Postmaster:

LAURI SMITH SHERIFF, SANTA CLARA COUNTY 55 W. Younger Ave.San Jose, CA 95110



Registered US Mail to: DIRECTOR GEORGE VALVERDE, dba DEPARTMENT OF MOTOR VEHICLES (doctrine of Responde Superior), STATE OF CALIFORNIA dba DEPARTMENT OF MOTOR VEHICLES, eachIn care of the Postmaster:

GEORGE VALVERDE, DIRECTOR of DMVDMV – Sacramento, CA2555 1st AvenueSacramento, CA 95818



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, eachIn care of the Postmaster:

JENNIFER SPARACINO CITY MANAGER1500 Warburton Ave.Santa Clara, CA 95050


ADMINISTRATIVE REMEDY PROCEDURE4 of 23 P a g e s

Libellant, by Restricted Appearance, is hereby exhausting her administrative remedies within the Admiralty by Notic(e)/(ing) Libellees, and each of their separate Agents, Co-Party and Officers.

As an operation of law, Libellant is required to exhaust her administrative remedies. This Administrative Remedy within the admiralty document is US registered mail as identified in the Affidavit of Service.

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.

Answers conveyed by any other means are considered a non-response and will be treated as a non-response.

Libellee may agree and admit to all statements and claims made by Libellant by TACIT PROCURATION by simply remaining silent.

ESTOPPEL BY AQUIESCIENCE: In the event Libellee admits the statements and claims by TACIT PROCURATION, all issues are deemed settled RES JUDICATA, STARE DECISIS and COLLATERAL ESTOPPEL. Libellee may not argue, controvert, or otherwise protest the finality of the administrative findings in any subsequent process, whether administrative or judicial.

Any action(s), by Libellee(s), in any court or other forum, undertaken against Libellant, outside this Administrative Remedy by Libellee(s), is a trespass against Libellant and will result in an increase in the amount of the True Bill of ten (10) times the original amount and will continue to increase in the same amount of any additional trespasses.

Libellee is granted 21 days to respond to the statements and claims herein and/or to provide Libellee’s own answers to inquires.

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.

The term “ROSALIE A. GUANCIONE©™” means non-living entity, Stramineus homo, Commercial Straw-man, artificial entity, legal fiction, ROSALIE A. GUANCIONE©™, 549-98-2310.

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The term “NOTICE OF INTERNATIONAL COMMERCIAL CLAIM WITHIN THE ADMIRALTY, ADMINISTRATIVE REMEDY” is an agreement/contract between Libellant, HI&RH Empress Aubreé©™, CREDITOR, SECURED PARTY and each Libellee, and each of their separate Co-Party and Officers.

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.

4. Libellant has a non-privy relationship with all legal fiction entities.

5. HI&RH Empress Aubreé©™ is an agent for ROSALIE A. GUANCIONE©™, not a trustee or liable party. UCC 3-402 (b)(1)

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.

9. Any Collateral Attack on this AGREEMENT/CONTRACT is in Bad Faith and is an attempt to violate U.S. Constitution Article I, Section 10, "THE IMPAIRMENT OF CONTRACTS" and the D.C. Codes.

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©™

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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.

20. Libellee follows Generally Accepted Accounting Practices (GAAP).

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 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.

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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.

33. ROSALIE A. GUANCIONE©™ is a Maritime Trust. A trust is an enz legis that obviously cannot operate any type of machinery.

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©™.

34. The SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA, TRAFFIC DIVISION has no personal jurisdiction over HI&RH Empress Aubreé©™.

34. The SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA, TRAFFIC DIVISION has never provided a verified complaint against HI&RH Empress Aubreé©™. Traffic tickets do not constitute a verified complaint unless the accused has already pled guilty. HI&RH Empress Aubreé©™ has never entered any plea for case 7-09-TR-562668.

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

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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 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.

COMMERCIAL OATH AND VERIFICATION

California republic )) ss Commercial Oath and Verification

County of Santa Clara )

I, HI&RH Empress Aubreé©™, under my unlimited liability and Commercial Oath, proceeding in good faith, being of sound mind, state that the facts contained herein are true, correct, complete and not misleading and based on Libellant's first hand knowledge and personal experience of said facts and events, under penalty of International Commercial Law.

By: HI&RH Empress Aubreé©™, Without Prejudice UCC § 1-207/308

_________________________________ Signature lawful woman, secured party creditor, Libellant

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STATEMENT AND INQUIRES

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.

ANSWER: [Admits/Acknowledge if no answer is provided]

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.


3. Libellee(s) admits Libellant is not a trustee, surety, liable party, or 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.


4. Libellee(s) admits Libellant has a non-privity relationship with all legal fiction entities.


5. Libellee(s) admits 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.


6. Libellee(s) admits Libellant is an agent for ROSALIE A. GUANCIONE©™, not a trustee or liable party.


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.


8. Libellees, their agent(s), Officers and Co-parties 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.

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9. Libellee(s) admits 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.


10. Libellee(s) admits any Collateral Attack on this AGREEMENT/CONTRACT is in Bad Faith and attempts to violate U.S. Constitution Article I, Section 10, "THE IMPAIRMENT OF CONTRACTS" and the D.C. Codes.


11. Libellee(s) admits Libellee(s), their agent(s), Officers and Co-parties (has)/(have) never disclosed the nature and cause and conditions of the contracts in commerce that were executed on the Libellant.


12. Libellee(s) admits injuring Libellant by willfulness, by error, by intent to mislead, by omission, by confusion, by hidden contracts, by solicitation, by creating revenue, by conversion, and by fraud.


13. Libellee(s) admits the Libellant notices Libellee(s), their agent(s), Officers, Co-parties, 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 ROSALIE A. GUANCIONE©™, or HI&RH Empress Aubreé©™.


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.


15. Libellee(s) admits Libellee(s), their Agent(s), Officers, Co-parties, co-partners, Officers and employees, have created unsupported commercial documents that were relied upon by third parties to deprive Libellant of property.


16. Libellee(s) admits no “ANSWER” by legal definition can be provided in any instance, neither in part or in whole, and that they (the libellee(s)) are found out and have no excuse and no affirmative defense for their Criminal Acts.


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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.


20. Libellee(s) admits Libellees, their Agents, Officers(s) and Employees, have failed to adjust the accounts of in the matter of Accepted for Value presentments.


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.


22. Libellee(s) admits it follows Generally Accepted Accounting Practices (GAAP).


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

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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.


26. Libellee(s) admits that if a request for additional time to respond is needed, such request must be received by the Libellant at the address of the Notary Acceptor only within the twenty-one (21) days allotted or be forever barred from contest under the doctrine or maxim of Collateral Estoppel. 5 USC §706


27. Libellee(s) admits it is mandatory to place themselves under unlimited liability commercial oath to secure integrity in their responses.


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.


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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.


34 Libellee(s) admit that Libellant is using the Copyrighted Statutes of California and the United States for her remedy and not for profit.


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.


40. Libellee(s) admit that no sections of the California Vehicle Code apply to sovereign Americans as they have sovereign immunity to all state statutes, laws, codes and ordinances.


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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.


42. Libellee(s) admit that HI&RH Empress Aubreé©™, is a sovereign American and not a US citizen, and that she has rebutted the courts presumption of attribution of US citizenship to the Libellant through public filings called an Act of State, Demand and Notice, UCC-1, and several other documents.


43. Libellee(s) admit that ROSALIE A. GUANCIONE©™ is a Maritime Trust, and that a trust is an enz legis (legal fiction often referred to as a straw-man) that obviously cannot operate any type of machinery.


44. Libellee(s) admit that 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©™.


45. Libellee(s) admit that the SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA, TRAFFIC DIVISION has no personal jurisdiction over HI&RH Empress Aubreé©™.


46. Libellee(s) admit that the SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA, TRAFFIC DIVISION has never provided a verified complaint against HI&RH Empress Aubreé©™ despite her written request for Libellee(s) to do so. Traffic tickets do not constitute a verified complaint unless the accused has already pled guilty. HI&RH Empress Aubreé©™ has never entered any plea for case 7-09-tr-562668.


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.


48. Libellee(s) admit that Libellee(s) refused to provide an elected Judge to preside over the case 7-09-tr-562668 despite the written request of HI&RH Empress Aubreé©™ for this California state constitutional right.


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.

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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

These statements and the ANSWER contained herein may be used by Libellant, if necessary in any court of competent jurisdiction.

ADMINISTRATIVE AFFIDAVIT OF SPECIFIC NEGATIVE AVERMENT

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.

AFFIDAVIT OF SPECIFIC NEGATIVE AVERMENT

AS TO COUNT 1: I, HI&RH Empress Aubreé©™, the Third Party Plaintiff, Secured Party Creditor, a Natural woman, created by God am NOT the same as the Fictitious Entity, all capital letter named, ROSALIE A. GUANCIONE©™ that was created by the State. I do not give any consent, in any capacity, to this court to place upon me any responsibility for this all capital letter name Fictitious Entity that was created by the state. Simply put I am not the same and I believe that there is no proof to the contrary. I have no contract with you and do not consent to any contract with you. If you presume that I have a contract with you, then I rebut any presumption of any contract that you may presume that I have with you. This is proven by documents that are on file with the Washington State Secretary of State; the California State Secretary of State, the New York State Secretary of State, the public records of King County, Washington; records of this Court; records of the US Department of Treasury; records of the Internal Revenue Service; records of the U.S. Department of Commerce; records of the U.S. Department of Justice; and others. If the Third Party Defendants have any lawfully documented proof to the contrary let them come forth now, On and For the official Record, and let the District Attorney certify their proof, under their unlimited commercial liability, while under oath, and under penalties of the law including Perjury. Failure to

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continue this action without proof of your claim is Abuse of Process, Dishonor in Commerce, Abuse of Power, Extortion, Coercion, Obstruction of Justice, Denial of Due Process, etc. I believe there is no evidence to the contrary.

AS TO COUNT 2: On or about 6/6/09, I was detained by the CALIFORNIA HIGHWAY PATROL. I demand that the third party defendants bring forward the damaged party. I do not believe the third party defendants have a damaged party as is required by law, and there is no proof to the contrary. This is Fraud, Conspiracy, Collusion, Racketeering, Abuse of Power, Denial of Due Process, Dishonor in Commerce, Abuse of Process, Extortion, Coercion, Obstruction of Justice, etc.

AS TO COUNT 3: None of the Libellees has any lawful authority to use my copyrighted name, nor the copyrighted name of the maritime trust that exists in my all capitalized name, for which I have a lien and security agreement against the trust. Those names in all forms and variations are copyrighted, and public notice has been made of same. My publically published fees for a one time use license of my name, or that of the maritime trust that I have the lien against, is $500,000.00, and the publically published penalty for copyright infringement is an additional $1,500,000.00. Libellees have used my name without authorization or license on at least ten separate instances or no carbon required documents or copies thereof, amounting to fees and penalties of $20 million. Copyright infringement is a federal offence. I believe there is no proof to the contrary. Attempting to perform copyright infringement is intellectual property theft, fraud, conversion, conspiracy, racketeering, collusion, etc.

AS TO COUNT 4: On or about 6/6/09, I was detained by the CALIFORNIA HIGHWAY PATROL, with intent to commit land piracy. A panoply of judicial and public safety officers have participated in this land piracy act, in collusion, conspiracy, fraud, 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.

AS TO COUNT 5: On or about 6/6/09, I was detained and hindered in my federal Constitution guaranteed right to travel by the CALIFORNIA HIGHWAY PATROL. As no state law can be passed to turn a right into a privilege, I was illegally detained. A panoply of judicial and public safety officers have participated in this denial of civil right to travel, in collusion, conspiracy, fraud, 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.

AS TO COUNT 6: On several court appearances in the SANTA CLARA COUNTY SUPERIOR COURT, I requested that an elected judge hear my case, as is my state Constitution guaranteed right. As no state law can be passed to turn a right into a privilege, I was illegally denied this right. A panoply of judicial and public safety officers have participated in this denial of civil right to trial by elected judge, in collusion, conspiracy, fraud, 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.

AS TO COUNT 7: On several court appearances in the SANTA CLARA COUNTY SUPERIOR COURT, I requested that I be provided a jury trial, as is my federal Constitution guaranteed right. As no state law can be passed to turn a right into a privilege, I was illegally denied this right to a jury trial under the 7th amendment to the federal Constitution for any matter in controversy that exceeds $20. A panoply of judicial and public safety officers have participated in this denial of civil right to trial by jury, in collusion, conspiracy, fraud, 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.

AS TO COUNT 8: On several court appearances in the SANTA CLARA COUNTY SUPERIOR COURT, I requested in writing that I be provided a verified complaint at a formal arraignment, as guaranteed by the CPC. I was 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,

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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.

AS TO COUNT 9: On several court appearance in the SANTA CLARA COUNTY SUPERIOR COURT, I was not provided consideration as a 58 year old state recognized handicapped woman. I was instead ridiculed and humiliated and interrupted during my conducting public commercial business with the clerks of the court by Sheriff’s Dept. Deputies and/or Sheriff’s Sergeants. This was a violation of the federal Americans with Disabilities Act, and an attempt to deny me equal access to the courts, denial of due process, and denial of equal protection under the law, 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.

AS TO COUNT 10: On a court appears in the SANTA CLARA COUNTY SUPERIOR COURT, motion papers and affidavits that had been stamped by the clerk of the court, were removed by Sheriff’s Dept. Deputies and/or Sheriff’s Sergeants. No member of the Santa Clara Police Dept. nor the Sheriff’s Dept. at the scene or dispatched to the scene would enforce the law, nor would they arrest the Sheriff’s Deputy responsible for the crime. This was a violation of the federal law for removing, concealing or destroying documents from the public record, and an attempt to deny me equal access to the courts, denial of due process, and denial of equal protection under the law, 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,

2. Pay the following damages 9x$15,000,000.00x20 = $2,700,000,000.00 (two billion, seven hundred million dollars) as 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,

3. Pay all damages as indicated by the counterclaim contained herein, 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, all property including but not limited to: all bank accounts, safety deposit boxes, certificates of deposit (CD), retirement funds, 801K'S, 401K'S, real estate, stocks, bonds of any type, securities, cash on hand, jewelry, houses, lands, motor vehicles, automobiles, motor homes, aircraft, watercraft, household furniture, guns, ammunition, coin collections, all collectibles items, insurance policies, credit cards, lines of credit, all revenue streams, and sources of income from any source, farm equipment, farm supplies, heavy equipment, crops, farm animals, machinery, tools, buildings, structures, office equipment, all corporate assets, water rights, mineral rights intellectual property rights, patents, inventions, or any other thing of value, as needed to satisfy counterclaim herein, …OR,

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4. Prove your claims against me, and disprove my claims, by providing me with lawfully documented evidence that is certified by the States Attorney, in his unlimited commercial liability, while Under Oath, On and For the Official Record, under penalties of the law including Perjury. This evidence must prove your case by documented evidence and must answer each and every averment, Point by Point individually. If any and all points are not answered fully and accompanied by lawfully documented evidence, as provided herein, that will be Default on the part of the Third Party defendants. Non Response according to the conditions herein will be default. Incomplete answers and/or lack of documented evidence as outlined herein will be Default. If the Third Party Defendants fail to respond as outlined herein, within 21 calendar days that will be Default. Default will be a Self Executing Confession of Judgment on behalf of the third party defendants, and complete agreement with all the statements in this claim. This is a contract in Admiralty. Any officer of the court that interferes or involves himself/herself with this claim will be added to this claim and become a 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.

2. Copyright Infringement - $2,000,000.00 (Two Million) US Dollars per count, per violation, per officer, agent, or representative who is involved with this action.

3. Failure to respond as outlined herein. $2,000,000.00 (Two Million US Dollars) per Third Party Defendant, per count, per violation, per occurrence.

4. Default by non response or incomplete response $2,000,000.00 (Two Million Dollars) per Third Party Defendant, per count, per violation, per occurrence.

5. Dishonor In Commerce - $2,000,000.00 (Two Million Dollars) per Third Party Defendant, per count, per violation, per occurrence.

6. Obstruction of Justice - $2,000,000.00 (Two Million Dollars) per Third Party Defendant, per count, per violation, per occurrence.

7. Abuse of Authority - $2,000,000.00 (Two Million Dollars) per Third Party Defendant, per count, per violation, per occurrence.

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8. Denial of Due Process - $2,000,000.00 (Two Million Dollars) per Third Party Defendant, per count, per violation, per occurrence.

9. Extortion - $2,000,000.00 (Two Million Dollars) per Third Party Defendant, per count, per violation, per occurrence.

10. Unlawful Arrest - $2, 000,000.00 (Two Million US Dollars) per Third Party Defendant, per count, violation, per occurrence.

11. Trespass - $2,000,000.00 (Two Million US Dollars) per Third Party Defendant, per count, per violation, per occurrence.

12. Conspiracy to Defraud - $2,000,000.00 (Two Million US Dollars) per Third Party Defendant, per count, per violation, per occurrence.

13. Racketeering - $2,000,000.00 (Two Million US Dollars) per Third Party Defendant, per count, per violation, per occurrence.

14. False Imprisonment - $2,000,000.00 (Two Million US Dollars) per Third Party Defendant, per count, per violation, per occurrence.

15. Abuse of Power - $2,000,000.00 (Two Million Us Dollars) per Third Party Defendant, per count, per violation, per occurrence.

16. Abuse of Process - $2,000,000.00 (Two Million US Dollars) per Third Party Defendant, per count, per violation, per occurrence.

17. Coercion - $2,000,000.00 (Two Million US Dollars) per Third Party Defendant, per count, per violation, per occurrence.

18. Failure to pay Counterclaim in full within (30) Thirty Calendar Days of Default as contained herein. $1,000,000.00 (One Million US Dollars), per month, and interest of 1.5 % per month compounded daily for the first (30) Thirty Days from the date of default. After (30) Thirty Days beginning on the (31st) Thirty first Day after Default, the penalties for Failure to pay will increase by $1,000,000.00 (One Million Us Dollars Per Day) for each calendar day that this counterclaim is not paid in full, including interest. After (90) calendar days of the date of Default, the penalties for Failure to Pay Counterclaim will increase by $5,000,000.00 (Five Million US Dollars) per calendar day, that the Counterclaim is not paid in full, plus interest as indicated herein.

19. All Claims are stated in US Dollars which means that a US Dollar will be defined, for the purposes of this counterclaim as, a One Ounce Silver coin of .999 fine silver, or the equivalent par value as established by law or the exchange rate as set by the US Mint, whichever is the higher amount, for a certified One Ounce Silver Coin (US Silver Dollar) at the time of the first day of default as outlined herein. If the claim is to be paid in

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Federal Reserve Notes or other certified funds these funds will only be accepted at Par Value as indicated above.

20. Punitive damages will be assessed by multiplying the original amount of damages times seven (7). Punitive damages will be added to the original amount of damages.

Date: 6/1/2010 Without Prejudice UCC §1-207/308 _________________________________________

HI&RH Empress Aubreé©™, Secured Party Creditor

NOTICE TO RESPOND

Affiant/Libellant grants Libellee twenty-one (21) days, exclusive of the day of receipt to respond to the statements, claims and inquiries above. Failure to respond will constitute as an operation of law, the admission of Libellee by TACIT PROCURATION to the statements, claims and ANSWERS to inquires shall be deemed RES JUDICATTA, STARE DECISIS. Failure to respond will constitute PROMISSORY ESTOPPEL, COLLATERAL ESTOPPEL, and ESTOPPEL BY ACQUIESCENCE. This is a perfected Contract and it is a STATUTE STAPLE, UCC CONFIRMATORY WRITING.

It is also mandatory that if Libellee responds to the foregoing, it must be by delivering to Affiant’s NOTICE OF INTERNATIONAL COMMERCIAL CLAIM ADMINISTRATIVE REMEDY and to Affiant’s mailing location exactly as shown below:

HI&RH Empress Aubreé©™, Secured Party Creditor,c/o G.A. RINELLA, Notary AcceptorPO BOX 6341SANTA CLARA, CALIFORNIA, 95056

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 __1 st ___day of the ____6th _ ____month of 2010 Anno Domini.

Prepared and submitted by: (SEAL)

Without Prejudice UCC § 1-207/308

_________________________________________HI&RH Empress Aubreé©™,Secured Party Creditor

<><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><>

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STATE OF CALIFORNIA ) ) ss. California JURATCOUNTY OF SANTA CLARA )

Subscribed, sworn (or affirmed) before me on this __1 st ___day of _June_, 2010, by __HI&RH Empress Aubreé©™__, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.

SEAL

____________________________________Signature

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