USPS TRACKING No. RA 486 312 176 US
UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
UNITED STATES OF AMERICA : CIVIL NO. 1:09-CV-0447
:
Plaintiff : Judge Caldwell
:
v. :
:
DENNY RAY HARDIN :
:
Defendant. :
United States District Court
In the Admiralty
Denny Ray Hardin ] Judge William W. Caldwell
(Non Corporate Entity) ] In his “Admiralty Jurisdiction”
]
vs. ] Civil No. 1:09-CV0447
]
UNITED STATES OF AMERICA, INC. ] “Writ of Pracipe”
(Fictitious Foreign State) ]
“Judicial Notice”
Presented By “Affidavit” Of
Denny Ray Hardin
State of Missouri )
) ss.
Jackson County, Missouri )
I, Denny Ray Hardin, am an “American Citizen” and not a “UNITED STATES CITIZEN”. Because a “Foreign Agent” 22 USC 611, (Assistant United States Attorney, Stephen R. Cerutti, II) has chosen to “slander” my good name, it is necessary for me to address his issues. I demand the “Deposit” of the “Patron” for this case and this case be removed from the “Public Record”.
Facts:
1. Denny Ray Hardin is not subject to any action commenced or prosecuted by a “Foreign State” he has immunity under the 11th Amendment of the Constitution for the United States of America.
2. The “UNITED STATES OF AMERICA” can not be a proper “Plaintiff” because it is an “Imaginary Entity” that can not speak, write, communicate or contract to be represented by a “Foreign Agent”. It has no rights, no privileges and no immunities, these are reserved to the “American People”. The “UNITED STATES OF AMERICA” can not claim to be an “Injured Party” and therefore can not be the “Plaintiff” of any cause of action, civil or criminal. This is “Fraud” 18 USC 1001.
3. Stephen R. Cerutti, II, has by his “PA Bar # 90777” has established himself as a “Foreign Agent” 22 USC 611. The “Original 13th Amendment” prohibits this individual from holding any office of trust or profit. Under UPU (Universal Postal Union) Regulations the attorney must possess a six-digit bar number, without it he has committed a “Felony” crime just by entering his name in this court.
4. To allow this cause of action to go forward is clearly denial of due process of law by refusing a “Defendant” his right to “cross-examination” of his “accuser”. The “UNITED STATES OF AMERICA” can not testify in any court and it is “fraud” for a cause of action to be filed utilizing its representation as “Plaintiff”. Under the common law principle of “Agency” the attorney of record is lawfully challenged to lawfully establish his authority to represent the “UNITED STATES OF AMERICA”.
Supporting Evidence:
Exhibits:
A.“COMPLAINT FOR PERMANENT INJUNCTION AND OTHER RELIEF”
By placing a 2 cent stamp on the back of this complaint and signing it, I removed this complaint to “International Jurisdiction”. No “Judge” of the “UNITED STATES OF AMERICA” has jurisdiction in this setting. To proceed is the crime of “Mail Fraud” 18 USC 1341 and the proper authorities will be informed.
B. NOTICE AND DEMAND Dated January 12th 2009
This has been served by Certified Mail on all government agencies that regulate “Commerce” as “Proof of Claim” that Denny Ray Hardin is a “Private Banker” engaged in the business of banking. It is an “Unrebutted Affidavit” and stands as “truth” in “Commerce”. 70 financial institutions, the plaintiffs included, were given the opportunity to “Dispute” this “Claim” by “Counter Affidavit” signed under the penalty of perjury. This “NOTICE AND DEMAND” is presented as the unrebutted truth of the lawful status of the “Private Bank of Denny R. Hardin”. Denny R. Hardin stands in “Honor”, in “Commerce”, with clean hands.
C. Letter from “FEDERAL TRADE COMMISSION”
This government agency, after being formally charged in “JAG” with “Misprision of felonies” 18 USC 4 has started to enforce the “Bonded Promissory Notes”. Because they refused to enforce the law of commerce, they have been given final notice of taking them before the “Hague Convention” to “dishonor” them in “Commerce”. By the “NOTICE AND DEMAND” the “Commercial Instruments” are “Negotiable” and lawfully binding upon all administrators, financial institutions, government and courts. Failure to accept the “truth” is denial of that “truth”.
Current Status:
The financial institutions, plaintiffs included, have been repeatedly noticed of their crimes and given the opportunity to correct their conduct. A “Criminal Complaint” has been filed with the “Judge Advocate General” in his “Admiralty Jurisdiction” 28 USC 1333, and provided to all the government agencies listed in the letter from the “FEDERAL TRADE COMMISSION”. The 70 named “Defendants”, plaintiffs included, have been formally charged with “Interference with commerce” 18 USC 1951, “Conspiracy against rights” 18 USC 241, “Extortionate Credit Transactions” 18 USC 891-894, “Seditious Conspiracy” 18 USC 2384 and “Conspiracy to Monopolize the Currency of the United States of America”. This cause is further evidence of that conspiracy.
Summation:
Based upon the foregoing unrebutted truth there is no “Jurisdiction” for this court to proceed in the cause of action. “Fraud” is the absence of facts, law and evidence to support one’s claims. There is no lawful “Plaintiff” of this cause of action and a “Foreign Agent” is attempting to litigate on behalf of “Imaginary Principals”. It has long been established that “Part fraud, is all fraud”.
WRIT OF PRAECIPE
I, Denny Ray Hardin, demand the “Deposit” of the “Patron” and all other relief the court deems just and proper in this “Fraud on the court”. For further detail please visit WWW.AmericansRepublicParty.org
PRINCIPLES RELIED UPON
Maxims of Law:
“IN COMMERCE FOR A MATTER TO BE RESOLVED MUST BE EXPRESSED” Heb. 4:16; Phil 4:6; Eph. 6:19-21. Legal Maxim: “He who fails to assert his rights has none.”
“ALL ARE EQUAL UNDER THE LAW” (God’s Law – Moral and Natural Law)
Exodus 21:23-25; Lev 24: 17-21: Deut 1:17, 19:21, Mat. 22:36-40; Luke 10:17; Col 3:25. “NO ONE IS ABOVE THE LAW”
“IN COMMERCE TRUTH IS SOVEREIGN”
Exodus 20:16; Ps. 117:2; John 8:32; II Cor. 13:8.Truth is sovereign – and the Sovereign tells only the truth. Your word is your bond.
“TRUTH IS EXPRESSED IN THE FORM OF AN AFFIDAVIT”
Lev. 5:4-5; Lev 6:3-5; Lev. 19:11-13; Num. 30:2; Mat. 5:33; James 5:12.
“AN UNREBUTTED AFFIDAVIT STANDS AS TRUTH IN COMMERCE”
12 Pet. 1:25; Heb. 6:13-15. Claims made in your affidavit, if not rebutted, emerge as the truth of the matter. Legal Maxim: “He who does not deny, admits.”
“AN UNREBUTTED AFFIDAVIT BECOMES THE JUDGMENT IN COMMERCE” Heb. 6:16-17. There is nothing left to resolve.
28 U.S.C. 1746
I declare under the penalty of perjury, under the laws of the United States of America, that the foregoing is true and correct to the best of my knowledge and beliefs. There is no purpose to mislead or misrepresent the truth, if a fact stated is proved wrong by facts, law and evidence, I reserve the right to “Amend” it for the truth to be clearly stated. This “Affidavit” can only be defeated by “Counter Affidavit” signed under the penalty of perjury. By my signature and seal below I present this “Affidavit” to the “United States District Court” as the truth of this matter.
God’s will be done.
______
Denny Ray Hardin,
2450 Elmwood
Kansas City, Missouri 64127
(816)231-2258
CERTIFICATE OF SERVICE
I, Denny Ray Hardin, do hereby certify that a copy of the foregoing was mailed by
Certified Mail on this 18th day of March, 2009 to the attorney of record as follows:
Stephen R. Cerutti, II (Certified Mail 7008 3230 0000 7711 2553)
228 Walnut Street, Suite 220
P.O. Box 11754
Harrisburg, PA 17108-1754
______
Denny Ray Hardin