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York Mobile Notary and Process Server Services, utilizes a 3 step process, called the Notary Certificate of Dishonor, to assist individuals, tow companies, mechanics and body shops obtain valid vehicle titles forall types of vehicles, commercial trucks, semi-trailers, recreational vehicles, motorcycles, boats and watercraft. We can assist you in obtaining Secure missing vehicle titles ! We HELP you obtain a lost or missing title for vehicles and trailers that have been abandoned, impounded, towed, unclaimed, purchased or sold at private or public sale or auction. When you sign up for our vehicle title service, we work to HELP you get any missing or lost car title for your vehicle or any replacement auto title. Call Us, We can HELP. (717)699-0781 or (717)332-6715 |
The Notary Certificate of Default Method: VERY EFFECTIVE! The Notary Protest Method (NPM) is an administrative technique based on the Uniform Commercial Code (UCC) that involves the presentment of strictly commercial negotiable instruments. Commercial negotiable instruments include things such as titles, promissory notes, bills of exchange, bonds, and checks. The NPM method provides an administrative, non-judicial method that uses a notary public to create certified, court-admissible evidence that the person/institution has dishonored a financial instrument / duty that you want them to accept / perform. Statutes exist on the law books in many states documenting and regulating how and under what circumstances this method may be used in several states. If you go on the internet and search for the phrase "notarial protest", you will find that this is a procedure used all over the world. In an involuntary motor vehicle title transfer situation, the most commonplace situation you will have to deal with is the stubborn individual or , overworked, and incompetent government bureaucrat or agency that either ignores or refuses to respond to your correspondence relating to transfer or nonliability. The Notary Protest method has been adapted and modified for use in such situations in a revised process we call the “Notary Certificate of Default Method (NCDM)”. |
Notary Certificate of Dishonor Within the Uniform Commercial Code (UCC) is a process called a 'notarial protest', also known as Notary Certificate of Dishonor (COD) method. Notarial protest has generally been used by banks in their commercial transactions, but more recently, the Notary COD method has been used in disputes with government agents, agencies, banks, and corporations by people who are unable to afford the services of an attorney and/or have been disappointed when seeking justice through the courts. It can be used to head off potential litigation, settling of the case prior to it's being brought into court, or sometimes, for a case that is already in the court. The COD is a 3-step process which is performed by a notary after you have made a good faith effort to settle the matter with your opponent but they have ignored you. You then bring the matter to the notary and request s/he re-present your documents to the opposing party as a third party witness to their dishonor. The notary invites them to respond to him/her within a specific time frame, offering a follow-up Notice if there is no response. If no answer is forthcoming, then a Certificate of Dishonor is issued. The Conditional Acceptance (CA) for Value for Proof of Claim (click here for a do-it-yourself CA and Affidavit) A Conditional Acceptance is used when a demand for payment or performance (a 'presentment') is made upon you to which you do not agree. You accept the adversary's presentment and agree to perform as they demand but only upon receipt of their proof of claim that you have any liability to them, such as a lawful contract. This is a way to avoid arguing so that should there be an attempt at litigation, it can be shown that there is no controversy since you never refused to perform but merely asked for some proof of why performance on your part would be appropriate. Cases are brought to court for argument. If there is no argument, there is no case. A Notary COD can be used either after you have done a Conditional Acceptance (CA) and the other party has not proven his/her claim, or because an entity or person is refusing to release your property to you such as property that you lent to someone and they will not return it, or a demand to pay a sum that you do not think you owe, etc. If the presenter fails to reply to your CA, or replies but does not answer your questions or provide the proof you requested or, if you request performance (like returning your property) and they do not answer or refuse for no good reason (both are 'dishonors'), you can then bring the issue to a notary who is familiar with the protest or COD method. The notary will re-submit your offer and/or ask the adversary why s/he is dishonoring your offer (the CA, contract, or whatever) or request. The notary is a state official as well as an officer of the court, who serves as an impartial third party to whom an explanation, answer, can be sent. Generally, the notary will contact the adversary twice, each time giving them a specified time frame in which to answer. If no response is received, then the notary will issue a Certificate of Dishonor, the original of which is sent to you, along with copies of all of the documents in the process, and can be brought before a judge for a Declaratory Judgment. Using the COD Service The Penny Pincher Press has 2 notaries on staff who can help you with your COD. Both notaries are commissioned in Pennsylvania and are not empowered to acknowledge signatures outside their state, but all notaries are empowered to Protest to a foreign jurisdiction. You'll just have a hard time finding one who is familiar with it and is willing to help you in that respect. Your signature on the Affidavit below which begins the COD process, however, will be acknowledged by a notary in your own locale. Pricing: The 3-step Certificate of Dishonor (COD) process for up to 2 recipients at the same address, includes postage, certified mail fees and up to 30 pages of copies of documents, is $250. If your process has more than 2 recipients, or has recipients at different addresses, and more than a total of 30 pages in copies of document attachments, we will need additional funds to cover extra expenses, so please e-mail us with details. If you want your documents sent with a service other than First Class Certified Mail there will be an amount due for the extra postal fees. We prefer funds in the form of a postal money order with the "Pay to" line left blank. To send funds via PayPal or credit card, click here. If you are paying electronically, you can send your documents in an e-mail attachment. Getting started: The following sample Affidavit will establish your request for notarial services and verifies the steps you've already taken. Please use the sample below to customize an Affidavit to fit your situation. If you are not comfortable working with the affidavit and would like us to customize it and send it to you for your signature, then just e-mail us with steps you've already taken and add an additional $25 to the above-stated fee. Have your signature on the Affidavit notarized by a local notary and send it together with your previously dishonored documents and the fee to: The Penny Pincher Press, 301 George St., Suite #1, Throop, Penn. 18512-1212 --------------------------------------- VERIFIED DECLARATION IN THE NATURE OF AN AFFIDAVIT I, [Your name], a living soul, over 18 years of age, being competent to testify and having first hand knowledge of the facts herein, declares under penalty of perjury of the laws of the united States of America, that: 1. On August 23, 2006, I received a demand for payment in the amount of $___________ from [whatever company/bank] which I disputed. 2. On August 25, 2006, I sent a Conditional Acceptance (CA) [or whatever other document] to [whatever company] 3. [Company] did not answer within the required time frame and so on [date] I sent them a Notice of Fault with an additional 10 days to answer. Etc., etc. In light of the dishonors noted above, I hereby request your services as a notary public for the Commonwealth of Pennsylvania, to evidence the dishonor outlined above by re-presenting my Conditional Acceptance and Affidavit [or whatever document you used] to [whatever company]. Attached herewith is a copy of my Affidavit and dishonored CA [or whatever other documents were used]. Further, Affiant sayeth naught. Date: Name:__________________________________ [print name and address] State of ) ) ss: County of ) On this, the _____ day of _________________, 2007, before me, a notary public, the undersigned officer, personally appeared_______________________, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that s/he executed the same for the purposes therein contained. In witness hereof, I hereunto set my hand and official seal. |
Notary Witness A notary witness is a notary public who serves as a third party witness to an administrative process. A good example of how this works is if you send a Notice to someone who has not performed as they should, or owes you money or whatever, and you list the notary's name and address as a public official to whom they can answer. It does not preclude your adversary from answering to you, but it gives them an opportunity of having an impartial third party to answer to if they are sincere in wanting to settle the matter. If you do not receive an answer within the required time after each notice you send out, contact the notary to verify that s/he has not gotten a response either. The notary will then prepare a Certificate of Non-Response and send it to you. If you cannot locate a notary in your area who is willing to be an acceptor for your process, we have 2 notaries on staff here who can assist in that regard. Since we are not witnessing your signature (a local notary can do that), it does not matter if you are located outside of Pennsylvania, which is where we are. There are 2 ways in which you can utilize a Notary Acceptor: 1) If you just need proof of the other party's non-response and you do the document mailings yourself, list the notary's name and address in the document for the party to send a reply to. Send a copy of the document to us so we will have your name & address, the recipient's name & address and the date sent. At the end of the reply period, contact us -- send $35 fee if you hadn't already done so -- and we will send you the Certificate of Non-Response. For a multi-step process, the Certificates would all be sent together when the process is concluded. OR 2) If you want a formal Certificate of Dishonor, you can send your completed documents to us and we will add our Notary's Proof of Service (Certificate of Mailing) with your document and send it to the other party via certified mail. Be sure to include the notary's name and address in the document for the party(ies) to respond to. After a 2 or 3 step process (typically, the initial document is followed by a Notice of Fault, and then a Notice of Default) is completed, the notary can then give you a Notice of Non-Response - Certificate of Dishonor because the notary has expedited the mailings and can verify when they went out, that they were received and that no reply came back. We only do this for a process of at least 2 steps since we feel that issuing a Dishonor based upon only one document sent isn't fair. In order to protect ourselves, we reserve the right to determine whether or not the 2-step process is proper and fair to all parties. It is $50 per Proof of Service which includes copies, envelopes, certified mail fees & postage. The Notice of Non-Response - Certificate of Dishonor is $50, so to serve your initial document and then a follow-up document, such as a Notice of Fault, concluding with our Certif. of Dishonor, would be $150. If you have the full process of initial doc., Fault & Default (3-steps) and we add our Certif. of Dishonor, the total price would be $200. If there is more than one party in your matter and they are at different addresses, please include $10 per each additional party for each mailing to cover the extra expenses. If there are multiple parties at the one address, add an extra $5 or $10 to cover copying & postage. Rather than get into 'nickel & dime' details here, we'll leave the additional funds to your discretion based upon how many pages your documents are, how many parties, etc. If you'd like to get started right away and are using process 1 above, add to the end of your documents: Reply to the undersigned or to the following notary acceptor who is serving as a third party witness to this process: Francesca Montelione, Notary Public c/o 301 George St., Suite #1 Throop, Pennsylvania. 18512-1212 When the time has passed for the other party's reply, send us an e-mail and make payment by any of the methods described in the following paragraph. For process 2 above, send us your documents with payment, preferably as a postal money order with the "Pay to" line left blank or, if you're not comfortable with that, put Francesca Montelione on it. To send funds via PayPal, or to use credit card, click here. Please be aware that if you're using process 2 above, we need original documents to serve, so if you are paying electronically, you can send your documents in an e-mail attachment but we need the original of any signature pages. |
The Administrative Remedy Process This INTERNATIONAL COMMERCIAL CLAIM IN ADMIRALTY - ADMINISTRATIVE REMEDY process was originally developed for use in mortgage matters, but it can be adapted for other uses. It is a non-judicial way to bring your grievances up to whomever has harmed you, give them a chance to explain themselves and settle the matter on a private, ‘person-to-person’ basis. An Administrative Remedy can be used by anyone to establish the facts of a matter and give parties on both sides of a disagreement an opportunity to state their 'case'. It involves no courts, judges, mediators or other public officials except for a notary public whose role is limited to acknowledging the acts done and serving as a witness. There are 8 steps to the Remedy, most of which are served on the Libellees (those who you perceive as having damaged you) by a “Notary Acceptor”: a public officer commissioned by the Secretary of State, who is willing to act as a third party witness to your communications with the other parties and your good-faith efforts in exhausting your administrative remedies. Each of your documents is mailed to the Libellees by the notary using certified mail if domestic with a ‘green receipt card’ attached, which is the proof that the package reached it’s destination, was accepted, and will be returned to the notary. Registered mail was established by law, under the U.S. Constitution, and is recognized internationally, but our experience has found that it is disappointing for out-of-the-country mailings so we recommend Federal Express. If your process is entirely domestic, certified mail can be used. The first 3 documents are Notices of the claim you are bringing against your adversary. In the first communication, statements are made which they are supposed to respond to. Should you be wrong in any of your statements, abundant opportunity for your adversary to correct your mistaken belief is given. If no response is made after communicating with them 3 times, your statements are deemed agreed with and settled. The initial Notice of claim also contains a True Bill which is the detail of your damages and a total of the amount you are demanding. Document #4 is a Notice of Dishonor from the notary acceptor, certifying that s/he has not received any responses. Then starts your Demand for payment, which consists of 3 Notices (#5, 6 & 7). The 8th document is the Certificate of Dishonor (COD), a statement from the notary reciting the history of when each Notice was sent out, when the return receipt card came back, and whether or not there were any responses. The 4th and the 8th steps are notary’s documents to you. The 4th doc., Non-Response, is sent only to you. The 8th doc., the COD is sent to you with a courtesy copy to the Libellees via first class mail. If you do not have a local notary willing to be the acceptor for you, we have 2 notaries on staff who can serve in that respect. You will need to have your signature notarized by a local notary on most of the documents. Using 2 notaries may actually make the documents ‘stronger’ as you have 2 officers of the state verifying your actions. Tendering a Donation and Other Technicalities There are two ways in which your Administrative Remedy can be handled, depending upon your skill with using a word processor. If your matter is something other than mortgage, the cost of the initial Claim document may be more than what’s listed below depending upon how complex it is. Please contact us with details of your claim. 1) Templates of all documents described above can be e-mailed to you for a suggested donation of $50 to cover our time in getting all 8 to you and for consultation should you have any questions. You will then mail your customized, signed/executed documents to us for our: Certificate of Mailing - $30 per certificate; 7 steps = $210 and serving on the Libellees: Registered mail costs - $15 each time; 7 times = $105 or Certified mail @ $6 each time; 7 times = $42 If there are more than 2 entities listed on your claim, additional funds to cover the extra copying cost and time for the entire process will be needed. If you have entities at different addresses, that may also impact mailing costs. 2) If you prefer having us word process all of your documents, see prices below which includes our Certificate of Mailing. Mailing fees are additional. Fee's Include Document Creation, Certificate of Mailing. #1 Claim $250 #2 Fault $100 #3 Default $75 #4 Non-Response $100 #5 First Demand $75 #6 Sec. Demand $75 #7 Third Demand $75 #8 Cert. Dishonor $150 Totals $900 |
How to do a Conditional Acceptance This is a basic Conditional Acceptance for Proof of Claim template. Some people have enough experience with creating documents to be able to "flesh it out" for themselves. If you're not one of them, see below for the assistance we can provide. The most usual reason for a Conditional Acceptance (CA) is someone asking you for payment, performance of some kind, which you do not think they are entitled to. You would word the CA saying that you will accept their claim that you owe them x amount of $ upon proof of claim that they can produce a valid contract making you liable for such debt (or such performance). Just replace the text in the highlighted sections with the facts that fit your own case and you'll have a better understanding of the concept. Your documents can be served by a notary and responses can be directed to the notary so that at the completion of the process, if the matter is not settled, the notary can issue a Notice of Non-Response / Certificate of Dishonor (COD). Here is a sample CA just so you know what it looks like: Dear [whomever]: Your correspondence of 10/24/2005 was received by me on October 31, 2005. I am conditionally accepting your contract in that letter of a $13,107.37 balance remaining on the above-referenced loan upon proof of claim that: 1. [Bank name] as an 'artificial entity/creature,' created under the laws of the State of [Whichever] and doing business in the State of [Whichever], by and through it's Officers, Board of Directors and employees, are not bound to support Article I §X, as a 'State created entity,' in that "No State shall...make any Thing but gold and silver coin a Legal Tender in payment of Debts." 2. [Bank Name] gave FULL DISCLOSURE to all matters dealing with the alleged loan and said contract. 3. [Bank Name] brought forward and loaned its own 'CREDIT' within the transaction/contract. 4. The undersigned's signature on the original 'contract' did not create the value for the alleged loan and that the undersigned did not put the property up (by pledge) as the collateral for said 'loan' by her signature as well. 5. [Bank ame] can demonstrate that they were put at risk by extending the above-referenced loan to me. 6. [Bank Name] was/is or will be damaged if the above-referenced loan is not repaid; [Continue on with requested proofs] [Insert person's name], you have ten (10) days from receipt of this Conditional Acceptance to respond on a point-by-point basis, via sworn affidavit, under your full commercial liability, signing under penalty of perjury that the facts contained therein are true, correct, complete and not misleading. Mere declarations are an insufficient response, as declarations permit lying by omission and hearsay, which no honorable draft may contain. If an extension of time is needed to properly answer, please request it in writing. Failure to respond will be deemed agreement with the facts stated in the attached Affidavit and an inability to prove your claim, thereby indicating that no debt exists. All rights reserved without prejudice, UCC 1-207 & 1-308 [your signature] Please direct responses to third party public witness: Francesca Montelione, Notary Public c/o 301 George St., Suite #1 Throop, Pennsylvania 18512-1212 ----------------------------------------------- A CA is generally accompanied by an Negative Averment Affidavit such as the example below: AFFIDAVIT [Your name], a living soul, over 18 years of age, being competent to testify and having first hand knowledge of the facts herein, declares under penalty of perjury of the laws of the united States of America, that: 1. I have not been presented with any evidence or accounting that shows that [Bank Name], or any entity connected to them, is exempt from supporting Article I §X of the U.S. Constitution and believe that none exists. 2. I have not been presented with any evidence or accounting that shows that [Bank Name] gave FULL DISCLOSURE to all matters dealing with the alleged loan and said contract and believe that none exists. 3. I have not been presented with any evidence or accounting that shows that [Bank Name] brought forward and loaned its own 'CREDIT' within the transaction/contract and believe that none exists [etc., etc.]. Further, Affiant sayeth naught. Date: __________________ Signed: _______________________________ [address] State of ) ) ss: County of ) On this, the _____ day of _________________, 2007, before me, a notary public, the undersigned officer, personally appeared_______________________, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that s/he executed the same for the purposes therein contained. In witness hereof, I hereunto set my hand and official seal. ----------------------------------------------------- Conditional Acceptance Preparation Service If you would like us to type your CA, give us the proofs of claim that you'd like the other party to respond to. When it is complete, a draft will be e-mailed or 'snail-mailed' to you for your approval or revisions. In the alternative, we have 'standard' proofs that can be requested for various situations, but they are presently in hard-copy form, so contact us with the type of matter you're dealing with. The Process After the time for your Respondents to answer has passed and if the other party hasn't answered, a Notice of Fault with an Opportunity to Cure can be sent to them, followed by an Affidavit of Default. As notaries, we can serve each document for you, adding our Certificate of Mailing. If they do not reply, or send a defective response, we can then supply you with a Notice of Non-Response / Certificate of Dishonor. Here is the breakdown of costs for word processing your documents. However, if your matter is complex with many Respondents, and/or sub-issues, etc., resulting in more work required, we may request additional funds. The prices below include certified mail fees, postage, and Notary's Certificate of Mailing. CA & Affidavit preparation $450 Notice of Fault - Opportunity to Cure 125 Affidavit of Notice of Default 125 Notice of Non-Response / Certificate of Dishonor (COD) 50 TOTAL: $750 |
Using a Commercial Process for Simple Justice This process is based on Mosaic law and comes out of the rules of commerce that has stood the test of ages. A workman is worthy of his hire All are equal under the law In commerce, truth is sovereign Truth is expressed in the form of an Affidavit An unrebutted Affidavit stands as truth in commerce An unrebutted Affidavit becomes the judgement in commerce In commerce, a matter must be expressed to be resolved He who leaves the battlefield first loses by default Sacrifice is the measure of credibility (no willingness to sacrifice = no liability, responsibility, authority or measure of conviction) A lien or claim can be satisfied only through rebutting by affidavit point by point, resolution by jury, or payment There are 4 documents in this process: 1) Notice & Demand (Affidavit) - All the damages you are claiming against the named people are laid out here in affidavit form. Some research may need to be done to find the laws or statutes for your state that have been violated as listing them will give your Notice & Demand more authority. There is a 10-day time frame for the respondents to answer. 2) Opt-Out Presentment with Opportunity to Cure - If no responses to #1 are received by the notary, this document reminds them what needs to be done to correct the harm that has been done to you and tells them the monetary value of same, giving them the option of paying you for the damages. It also lets them know the steps you may take in order to collect on the damages. They are given 20 days in which to answer. 3) Notice of Further Ending of Commercial Grace - Another reminder to correct or pay for harm done and lets them know how you will calculate damages if your demand is ignored. 10 days is given to answer. 4) Notice of Default / Notary Certificate of Dishonor - Self-explanatory. Originally, this process was handled entirely by the individual bringing the claim, using a notary-witness who would receive any replies from the Respondents and/or supply Notices of Non-Response. As more and more people desire to settle their matters privately, use of notaries to provide verification is becoming more popular. Handling the Process This process was developed from research, study and use of the process originally published in an article by Alfred Adask in AntiShyster magazine in the 1990s. This information is available on the web at: http://www.buildfreedom.com/tl/comliens.shtml and also at http://usa-the-republic.com/jurisprudentia/commercial%20liens.html. See also, a legal opinion on the process at: http://members.aol.com/BoycottBrazil/ricosuit/rico2.html [We do not keep track of these links. They may be outdated.] Tendering a Donation and Other Technicalities There are two ways in which your Commercial process can be handled, depending upon your skill with using a word processor. 1) Develop your Commercial Affidavit using samples of all documents described above which can be e-mailed to you for a suggested donation of $50 to cover our time in getting them to you and for discussion should you have any questions. You can then mail your customized, signed documents to us for our: Certificate of Mailing - $30 per certificate (covers notary fees and typing); and serving on the Respondents. Certified mail @ $6 each time or 2) Send us the facts in your matter and we can do your document preparation. Stated pricing includes word processing, Certificate of Mailing, copies, postage and certified mailing fees for up to 3 Respondents at the same address. Please add $10 more per additional Respondent(s) at different addresses to each document to cover certified mailing fees, postage, copying, etc. Document Preparation of Notice and Demand $400 Opt-Out Presentment - Opportunity to Cure 100 Notice of Further Ending of Commercial Grace 100 Affidavit of Notice of Default / Certificate of Dishonor 100 TOTAL: $700 |