Learn How To Object

 Learn How To Object

IN THE CIRCUIT COURT OF HAWAII IN THE FIRST CIRCUIT.

COUNTER CLAIM FOR FRAUD ON A NEGATIVE AVERMENT

CIVIL NO.13-1-3278-12

FORECLOSURE

AVERMENT  ____-________________

(Use of an all capital names, is fraud on the court. They are neither granted a title of nobility nor are they a business, they are living people.)

JUDGE BERT I. AYABE, COMMISSIONER JEFFRY R. BUCHLI, CLAY- CHAPMAN-CRUMPTON-IMAMURA ATTORNEYS FOR DEUTSCHE BANK; DARENIQUE L. JAMISON, STEVEN T. IWAMURA, ROBERT E CHAPMAN, BRADLEY R PULICE, ANDERS NERVELL, GERALD S CLAY,  ROBERT M. EHRHORN, JR., LORI K. STIBB, HILLERY A.K.L. PARKER, KEN OHARA,

CITI RESIDENTAIL WHO IS, THE CORPORATION COMPANY, INC.WHO IS REALLY C T CORPORATION SYSTEM WHO IS REALLY THE CORPORATION COMPANY, INC. OF NEW YORK,  ADDING DEFENDANTS AS THEY BECOME KNOWN.

(d) Option to Produce Business Records. If the answer to an interrogatory may be determined by examining, auditing, compiling, abstracting, or summarizing a party's business records (including electronically stored information). 

1st  Interrogatories: Each company; DEUTSCHE; MORTGAGE ELECTRONIC REGISTRATION SYSTEM, INC; ARGENT; will provide that they are operating within the state of Hawaii  under the 11th Amendment.  

2nd  Interrogatories: These companies will produce the business records, including all loan numbers pertaining to the mortgage? 

4th  Interrogatories: , CLAY- CHAPMAN-CRUMPTON-IMAMURA, will provide the contract that was issued by the Bureau of Conveyances -Official Public Records, wherein Raul Barro contracted with them. 

5th  Interrogatories: DEUTSCHE BANK NATIONAL TRUST COMPANY will produce the  Bureau of Conveyances -Official Public Records, proof that they are operating within the state of Hawaii lawfully under the 11th Amendment. 

6th  Interrogatories: DEUTSCHE BANK NATIONAL TRUST COMPANY will produce the  Bureau of Conveyances -Official Public Records, proof that they ever had a lawful contract with Francisco San. 

7th  Interrogatories: Provide proof that the Judge is of good behavior, and did not strike against the constitutional form of government in open court on February 11, 2015, were in counsel was forced to be behind the “BAR.”  Private Attorney General has all the rights of a Attorney General in court, and I out rank the Judge. 

8th  Interrogatories: Mr. San actual contract with Clay-Chapman-Crumpton-Imamura?

9th  Interrogatories: Provide that MERS is doing business in Hawaii, and is a lender, with proof that the loan was transferred, lawfully?

10th Interrogatories: Provide that the court protected the constitutional rights of Francisco San?

11th Interrogatories:  That Judge Bert I Aybe is upholding his oath of office.   ``I, ___ ___, do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as ___ under the Constitution and laws of the United States.   

12th Interrogatories:  First Obliterated Instrument: Dated: 12-30-2006 That is missing it’s Loan number. This loan number will be provided. 

13th Interrogatories: Second Obliterated Instrument: Dated: 5-10-2013, is REDACTED. This loan number will be provided.    

14th Interrogatories: Third Obliterated Instrument; Dated 11-7-2013 has the Loan Number blanked out This loan number will be provided. 

15th Interrogatories: Forth  Obliterated Instrument; Dated 10-20-2014 has the loan number blacked out.  This loan number will be provided. 

16th Interrogatories: Provide that the court is not getting emoluments from the sale of the properties of the people of Hawaii?

17th Interrogatories: Provide proof that all moneys are paid to the US Treasury as required by the Constitution, and not to the state, local agency?

18th Interrogatories: Provide that the attorneys and the judge is not members of an agency that commonly, has a pattern or practice that strikes against the constitutional form of government in open court. 

You have 30 days in which to provide the evidence in this case.  

Federal Rules of Civil Procedure Rule 33. Interrogatories to Parties

(a) In General.

(1) Number. Unless otherwise stipulated or ordered by the court, a party may serve on any other party no more than 25 written interrogatories, including all discrete subparts. Leave to serve additional interrogatories may be granted to the extent consistent with Rule 26(b)(2).

(2) Scope. An interrogatory may relate to any matter that may be inquired into under Rule 26(b). An interrogatory is not objectionable merely because it asks for an opinion or contention that relates to fact or the application of law to fact, but the court may order that the interrogatory need not be answered until designated discovery is complete, or until a pretrial conference or some other time.

(b) Answers and Objections.

(1) Responding Party. The interrogatories must be answered:

(A) by the party to whom they are directed; or

(B) if that party is a public or private corporation, a partnership, an association, or a governmental agency, by any officer or agent, who must furnish the information available to the party.

(2) Time to Respond. The responding party must serve its answers and any objections within 30 days after being served with the interrogatories. A shorter or longer time may be stipulated to under Rule 29 or be ordered by the court.

(3) Answering Each Interrogatory. Each interrogatory must, to the extent it is not objected to, be answered separately and fully in writing under oath.

(4) Objections. The grounds for objecting to an interrogatory must be stated with specificity. Any ground not stated in a timely objection is waived unless the court, for good cause, excuses the failure.

(5) Signature. The person who makes the answers must sign them, and the attorney who objects must sign any objections.

(c) Use. An answer to an interrogatory may be used to the extent allowed by the Federal Rules of Evidence.

(d) Option to Produce Business Records. If the answer to an interrogatory may be determined by examining, auditing, compiling, abstracting, or summarizing a party's business records (including electronically stored information), and if the burden of deriving or ascertaining the answer will be substantially the same for either party, the responding party may answer by:

(1) specifying the records that must be reviewed, in sufficient detail to enable the interrogating party to locate and identify them as readily as the responding party could; and

(2) giving the interrogating party a reasonable opportunity to examine and audit the records and to make copies, compilations, abstracts, or summaries.

US Constitution. President, Vice President and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors.

Amendment V.   No person shall be held to answer for a capital, or otherwise infamous crime, unless on a  presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb, nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation.

Amendment XI. The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.

The United States Constitution forbids both the federal and state governments from enacting bills of attainder, in Article 1, Sections 9 and 10, respectively. It was considered an excess or abuse of Royalty, and several of the grievances enumerated in the Declaration of Independence could be characterized as such.

Amendment VIII  Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Amendment XIII. Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction. 

To recover damages for injury to his person or property, or because of the deprivation of any right or privilege of a citizen of the United States, by any act done in furtherance of any conspiracy mentioned in section 1985 of Title 42. 

US CONSTITUTION Section 4.

The United States shall guarantee to every state in this union a republican form of government, and shall protect each of them against invasion; and on application of the legislature, or of the executive (when the legislature cannot be convened)  against domestic violence.

Article III, Section 2, Clause 3:  The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.

Amendment VII

In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.

5 U.S. Code § 3333 - Employee affidavit; loyalty and striking against the Government

(a) Except as provided by subsection (b) of this section, an individual who accepts office or employment in the Government of the United States or in the government of the District of Columbia shall execute an affidavit within 60 days after accepting the office or employment that his acceptance and holding of the office or employment does not or will not violate section 7311 of this title. The affidavit is prima facie evidence that the acceptance and holding of office or employment by the affiant does not or will not violate section 7311 of this title.

(b) An affidavit is not required from an individual employed by the Government of the United States or the government of the District of Columbia for less than 60 days for sudden emergency work involving the loss of human life or the destruction of property. This subsection does not relieve an individual from liability for violation of section 7311 of this title.

18 U.S. Code § 1918 - Disloyalty and asserting the right to strike against the Government

Whoever violates the provision of section 7311 of title 5 that an individual may not accept or hold a position in the Government of the United States or the government of the District of Columbia if he—

(1) advocates the overthrow of our constitutional form of government;

(2) is a member of an organization that he knows advocates the overthrow of our constitutional form of government;

(3) participates in a strike, or asserts the right to strike, against the Government of the United States or the government of the District of Columbia; or

(4) is a member of an organization of employees of the Government of the United States or of individuals employed by the government of the District of Columbia that he knows asserts the right to strike against the Government of the United States or the government of the District of Columbia; shall be fined under this title or imprisoned not more than one year and a day, or both.