Certified Mail Number 7008 1140 0000 3056 4836 December 10, 2009 Derek K.

Hairston 1701 Coolidge Ave. Willow Grove, Pennsylvania 19090 Tort Claimant Mr. Barry Scott, Risk Manager Philadelphia Risk Management 1515 Arch Street, 14th Floor Philadelphia, PA 19102 Lien Debtor

MEMORANDUM OF RECORD

WITH ASSESSMENT FOR DAMAGES SUPPORTED BY AFFIDAVIT AND AFFIDAVIT OF NEGATIVE AVERMENT

NOTICE OF TORT CLAIM

RE: NOTICE OF TORT CLAIM, UNDER NECESSITY TO PHILADELPHIA COUNTY, PENNSYLVANIA CASE/ACCOUNT # 080503674 and 524706 TORT CLAIMANT: Derek Kimball Hairston, Authorized Representative on behalf of DEREK K. HAIRSTON, Ens legis TORT CLAIM/SUM CERTAIN AMOUNT: $500,000,000.00 USD (FIVE HUNDRED MILLION AND NO/100) USD, Money on Account, Amero Dollars, or payable in Gold or Silver LIEN DEBTOR; PHILADELPHIA COUNTY TORT FEASORS: Idee C. Fox, Sandra M. Moss, Esther R. Slvester, Robert D. Aversa, Mary E. Butler, Gary F. Divito, Michael A. Nutter, Richard Glazer, Lokia Owens, Sheriff John D. Green, Barry Scott, Robert E. Sadler, Jr.- M & T Bank Corporation -One M&T Plaza, 12th Floor, Buffalo, NY 14203-2399, Manufacturers and Traders Trust Company 213 Market Street, Harrisburg, PA 19102 (herein M&T Bank), Shahan G. Teberian and Morton R. Branzburg- Klehr, Harrison, Harvey, Branzburg & Ellers, LLP 260 S. Broadway Street Suite 400 Philadelphia, PA 19102 Date of Alleged Occurrence: Date of Complaint was filed into court May 29, 2008

NOTICE TO AGENT IS NOTICE TO PRINCIPAL AND NOTICE TO PRINCIPAL IS NOTICE TO AGENT

Dear Mr. Scott: Said Tort Claim is presented as a matter of right, arising out of private injuries and violations of due process of law, violation of State and Federal statute of violation of equal protection of the law, violation of Commercial Law, fraud, collusion, conspiracy, treason, dishonor and
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otherwise as set out below, thereby causing injury to Claimants Right to Life, Liberty, and Pursuit of Happiness, property ownership, rights, title(s), interest(s) and otherwise. You are hereby notified of this Notice of Tort Claim (Claim for monetary damages) as Tort Claimants exclusive remedy pursuant to Title 5 Section 2679(b) of Title 28, United States Code. (P.L. 100-694; 102 Stat. 4563; 28 U.S.C. 2671(note), 2674, 2679 (note), 2679 (b and d) and state statute, where applicable, under the Pari Materia Rule. The Tort Claimant herein files this Claim for Damages under necessity, as a matter of right, and such Claim for Damages arises out of violations as enumerated below, and as agreed and stipulated by the act(s) of the Tort Feasors, as identified above, as evidenced and attached hereto, thereby admitting, stipulating, confessing and agreement to causing injury to claimants private rights, property rights, due process of law/rights and peace of mind and otherwise to wit: for the injuries committed by the agents/agency identified above as Tort Feasors, working under the control and within the venue of the County of Philadelphia, Commonwealth of Pennsylvania, herein identified. In respect to the Tort Claim being the exclusive remedy, and in respect to all the matters heretofore agreed upon by M & T Bank (by previous agreement of the parties via Conditional Acceptance For Value (CAFV# 121907-1/CAFV/DKH ), and by the act(s) of the Tort Feasors, pursuant to and by their act(s) did defraud and injure Tort Claimant. Risk Management of Philadelphia County is under duty, responsibility and obligation via your due diligence to investigate, rebut attached affidavits and is fully bonded and completely financially responsible to financially cover, settle and/or pay the stipulated monetary damages via the act(s), violation(s) and/or negligence or otherwise in via this claim. Tort feasor; M & T Banks silence and dishonor to the particular requested proofs claims via Conditional Acceptance For Value (CAFV) (private administrative process) certified mail number # 7007 2680 0000 7910 5879 dated December 21, 2007 and received by M&T on December 24, 2007` and found in default, M&T Bank stipulated and agreed that the M&T Bank would accept a commercial instrument for the discharge of the mortgage debt/liability as they were in agreement that there is no lawful constitutional money of exchange by which to pay debts at law Claimant, and as well known, M&T Bank could loan its money nor loan its credit or the so-called funds of its depositors. M&T Bank accepted the private credit of the Tort Claimant via a duly signed and tendered promissory note of which M&T Bank ledgered into their accounts via the accounts receivable side of their books and the liability side of the account in their books (double entry bookkeeping). (see attached CAFV, Opportunity to Cure, Affidavit of Default, Affidavit of Non-Response) Some time later, M&T Bank filed an action into THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY and by admission, via their silent tacit agreement, M & T Bank had agreed that there was fraud on the mortgage contract, that the mortgage contract was unconscionable, that M&T Bank failed to give the Tort Claimant full disclosure and that M&T would accept said commercial instrument, however, via the court action, M&T Bank failed to file in as exhibits the commercial instrument and supporting documents, thereby committing fraud on the Court, therefore M&T Bank actions, transaction, mortgage contract and the court action was fraudulent and merely supported their own banking, financial, commercial, and international fraud as perpetuated upon the Tort Claimant, was but their own custom and policy that is known National as Mortgage Fraud. When M&T Bank filed the action into COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY and the Court being informed by the Tort Claimant of the fraud of and by M&T Bank (the Plaintiff), the Court by and/through judge Idee C. Fox joined the fraud and began to collude and conspire to deny the Tort Claimant due process of law, justice, uphold her Oath of Office to uphold, support and defend the U.S. Constitution at Article I, Section X and similar point in the Constitution for the Commonwealth of Pennsylvania and per the Para matera Rule, Article XI, Section I of the Constitution of the State of Oregon, and therefore judge Idee C. Fox committed Treason to the Constitution(s), and judge Idee C. Fox failed to uphold federal and state
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(commonwealth) commercial law as found in the National Uniform Commercial Code and the Commercial Code as found in the private business statutes of the Commonwealth of Pennsylvania, i.e.; UCC 3-603; If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument and the tender is refused, there is discharge, to the extent of the amount of the tender and ORS 81.010 Effect of unaccepted offer in writing to pay or deliver. An offer in writing to pay a particular sum of money or to deliver a written instrument or specific personal property is, if not accepted, equivalent to the actual production and tender of the money, instrument or property. The presumption is that COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY, an agency/entity of Philadelphia County or as an independent corporation for profit acting as a cobusiness partner of Philadelphia County and the Commonwealth of Pennsylvania; acted in concert with M & T Bank in collusion to injure and cause to ordered an unlawful taking and seizure of real-estate property (Apartment Buildings). Tort Feasors had a mandated duty by their Oaths of Office to uphold the sanctity of the Supreme Law as it pertains to the Tort Claimant/ undersigned. They have individually and collectively breached their agreement pertaining to their mandated duties responsibilities and obligations, and that such violations, breaches, frauds, commercial fraud(s), act(s) of Treason, usurpation and otherwise stated injuries herein, has violated the said secured rights, title(s), property rights and interest(s); monetary or otherwise, thus causing direct injury to the Undersigned/Tort Claimant. By their silent admission, Tort Feasors, as government agents/employees and officers of the County of Philadelphia and the COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY, State of Pennsylvania has become liable to DEREK KIMBALL HAIRSTON, via the Undersigned, as the authorized representatives upon their acceptance of their Contract; Constitution for the Commonwealth of Pennsylvania and per their Oath of Office and such created the liability whereby the Tort Feasors individually and collectively, colluded, conspired by act(s) to deny due process, commit fraud, misapplication of statute and cause the unlawful taking of private (real-estate) and by their act(s) admitted to the non-authorization of said violation(s) and misapplication of statute(s) and Tort Feasors failed or refused to enforce the contract (State Constitution) thereby committing constitutional impermissible application of statute in respect to the rights of DEREK KIMBALL HAIRSTON via the Tort Feasor/Undersigned, and the Political Will [The Right to Life, Liberty and Pursuit of Happiness] of the Tort Feasor/Undersigned as the Principle, in a political body which all officers and elected officials have sworn to protect, in the interest(s) of the Tort Feasor/Undersigned. Tort Claimant, Derek Kimball Hairston, the Tort Claimant, was injured by Tort Feasor, M & T Bank. Lien Creditor sought to obtain a mortgage on real property from M & T Bank. During the transaction, M&T Bank failed to make full disclosure to the Tort Claimant that; 1) the United States declared Bankruptcy in 1933, which removed gold as a substance backing our Nations money and impaired the obligations and considerations of contracts. 2) M & T failed to give or make full disclosure to the Undersigned that the United States removed the silver as a substance backing our Nations money. 3) M & T Bank failed to give or make full disclosure to the Tort Claimant that the Tort Claimant had NO access to lawful constitutional money of exchange that constituted LAWFUL (sufficient) CONSIDERATION to pay debt(s) in regards to the mortgage contract entered into by parties therein. 4) that there was a meeting of the minds, and 5) M & T Bank failed to give or make full disclosure that (Federal Reserve) Notes do not operate as payment in the absence of an agreement that they shall constitute payment and M&T Bank failed to initiate such an agreement. On or about December 21, 2007, Tort Claimant in an attempt to resolve issues and ask questions as to the mortgage, sent M&T Bank correspondence in the nature of Private Administrative Process known as a Conditional Acceptance for Value (CAFV), whereupon Tort Claimant want clarification and Proof of Claim(s) as to the mortgage contract, whether it
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was unconscionable, if there was any fraud on the contract, what was loaned to the Tort Claimant, did M&T Bank give full disclosure and other necessary Proof(s) of Claim. M&T Bank was notice via the CAFV that should they silent or refuse to respond, they would be in agreement to the facts as they would operate in favor of the Tort Claimant and as such, due to their silence and/or dishonor, agree to the facts and agree that the Tort Claimant could discharge the mortgage debt/liability/lien with an instrument engaging the private credit of the Tort Claimant, in light of the U.S. Bankruptcy. Per the CAFV, M&T Bank was asked to provide, due to various Proof(s) of Claim on other aspects of the money issue, as M&T is in the business of loaning money, or that is what the Tort Claimant was led to believe. M&T Bank by their silence agreed to that there was fraud on the mortgage contract, that the contract was unconscionable, that M&T Bank did not loan Tort Claimant money and that M&T agreed that they did not give full disclosure to Tort Claimant. Please note that a bank cannot loan its own credit or their depositors money. All M&T Bank could do by scheme and device was to take Tort Claimants private credit via the instrument (a promissory note). Please note that via the original transaction, M&T Bank accepted a promissory note from the Tort Claimant, ledgered the private credit funds ($ figure) onto M&T Banks accounts receivable side of their books as well ledgered the amount on their liability side of the account, of which M&T Bank still owes those funds to Tort Claimant. The Tort Claimants Promissory Note signed at the original first closing did provide the value (credit) and that such Promissory Note was most likely monetized to benefit of M & T Bank. M & T Bank holds/held and possesses/ed the original Promissory Note and did sell the Promissory Note signed and tendered by the Tort Claimant, to the benefit of M & T Bank. M & T failed to inform and disclose the Tort Claimant that the Tort Claimant was the originator under 4A-104C of the first funds transferred via the promissory note as tendered. That a Notice of Security (emanating from the Tort Claimants Promissory Note) once deposited by M & T Bank in an account becomes equivalent of money. M & T Bank failed to disclose to the Tort Claimant that it was the Tort Claimant that lent M & T Bank the so-called money, credit or otherwise and M & T Bank was/has to pay the Tort Claimant back. M&T Bank was asked to produce and provide the original promissory note and M&T Bank failed and refused to so. Courts have ruled that if a bank or mortgage company fails to produce the promissory note, they have no authority to foreclose. The Tort Claimants signature on the original contract(s) did not create the value to the loan, the piece of paper did; the promissory note! M & T Bank failed to give or make full disclosure to the Tort Claimant that the mortgage contract on the property, is only a lien. M&T Bank failed and/or refused to respond, was given an opportunity to cure their fault of non-response, failed to cure and was placed in default. (See Tort Claimants CAFV, Op to Cure, Affidavit of Default and Affidavit of Non-Response made a part hereof.) Tort Claimant, per the agreement of M&T, tendered an instrument on or about March 18, 2008. Pursuant to commercial law, M&T Bank failed or refused to refuse and return the instrument within three days (Truth & Lending). (See Nygaard v. Continental Resources, Inc., 598 N.W. 2d 851 (1991), 39 U.C.C. 2d 851- for reference only) Soon after M&T Banks dishonor, act of/to defraud the Tort Claimant, M&T Bank filed suit in the Common Pleas Court for Philadelphia County, Commonwealth of Pennsylvania. In filing the action, M&T Bank committed fraud on the Court by failing, refusing or to defraud both the Court and the Tort Claimant, withheld as exhibits, what documents and instruments Tort Claimant tendered to M&T Bank via agreement of the parties.
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M & T Bank by and through its attorneys; Shahan G. Teberian and Morton R. BranzburgKlehr Harrison Harvey Branzburg & Ellers, LLP did intentionally commit fraud upon the Philadelphia County Court and fellow officers, agents/employees and Tort Claimant by failing to file, in the court filing of May 29, 2008, evidence that M & T Bank had accepted the financial instrument as payment in full and filed said exhibits of all related documents and the instrument in question. M & T Bank, therein and as agreed; 1) did not submit to the Tort Claimant an conscionable contract for the Tort Claimant to sign, 2) there was no meeting of the minds in respect to the mortgage contract(s), 3) that there was no lawful constitutional money of exchange in circulation of which the Tort Claimant could pay the mortgage debt/liability, 4) that there was fraud on the mortgage contract which voided the mortgage contract, 5) that the U.S. declared Bankruptcy and the same operates within the Commonwealth of Pennsylvania, 6) that per the bankruptcy, the U.S. did remove the Gold and Silver, 7) that Tort Claimant had NO access to lawful constitutional money of exchange to pay the debt in regards to the mortgage contract, 8) and agreed that Federal Reserve Notes do not operate as payment in the absence of an agreement that they shall constitute payment and M&T Bank failed to initiate such an agreement and agreed to all the other points raised in the CAFV and failed to give full disclosure. Robert E. Sadler, Jr. - M&T Bank along with attorneys Shahan G. Teberian and Morton R. Branzburg - Klehr Harrison Harvey Branzburg & Ellers,LLP did dishonor the COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY, the due process of law and Uniform Commercial Code standards and practices by their non disclosure of previous legal Affidavit, Mortgage Accepted for Value, property description, Caveat UCC2-302 Adhesion Contract, accord and satisfaction by acceptance of Registered and Bonded International Promissory Note #1031507PN UCC-3 #2008-077-5891-7 dated March 18, 2008 for Set-Off of M&T Bank identified in/via account #524706, and receipt of the Private Indemnification Bond #103170-2B on March 18, 2008. Robert E. Sadler, Jr. - M&T Bank along with attorneys Shahan G. Teberian and Morton R. Branzburg- Klehr Harrison Harvey Branzburg & Ellers,LLP did dishonor the COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY and the due process of law by their non disclosure of the Release of Lien filed in the PHILADELPHIA RECORDERS OF DEEDS in PHILADELPHIA COUNTY of PENNSYLVANIA on April 13th 2008. Robert E. Sadler, Jr. - M&T along with attorneys Shahan G. Teberian and Morton R. Branzburg - Klehr Harrison Harvey Branzburg & Ellers,LLP did dishonor and perpetrate the ongoing fraud of the COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY and the due process of law by filing motions into the Court and hereby implicating the Philadelphia County employees, agents and court officers to federal, state and international fraud. For the record; upon the action filed by M & T Bank into the COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY, M & T Banks attorney (Shahan G. Teberian and Morton R. Branzburg) or other contracted agent or agency filed action and tendered to the Clerk or Court for the COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY either an instrument (check) for the filing fee which transferred only bookkeeping entries and/or worthless federal reserve notes as so stated by the Federal Reserve Bank, i.e.; In the United States neither paper currency nor deposits have value as commodities. Intrinsically, as dollar, a dollar bill is just a piece of paper, deposits [check-book] merely book entries - Modern Money Mechanics Federal Reserve Bank of Chicago page 3 Revised 6-1992; and Federal Reserve Notes are valueless. (See IRS Codes Section 1.1001-1 (4657) C.C.H.) Upon the action filed by M & T Bank into the COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY Idee C. Fox (judge) accepted, upheld and promoted the fraud perpetuated by M & T Bank to the detriment of the Tort Claimant, did collude and conspire to defraud, to commit fraud of scienter, to commit fraud in the factum, violated due process, misapplied statutes, codes or otherwise, committed act(s) of usurpation, committed Treason in
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violating her Oath of Office to Article I, Section X of the U.S. Constitution and aided and abetted in the unlawful taking(s) of real property by fraudulent court orders or other letters or documents of device to/for the obstruction of justice over and above the Right(s), Title(s) and Interest(s) of the Tort Claimant in violation of public policy, commercial law (Uniform Commercial Code) at both state and/or National level which is perceived as federal common law due to the U.S. Bankruptcy as it operates within the Commonwealth of Pennsylvania as no lawful constitutional money of exchange circulates within the Commonwealth of Pennsylvania and Philadelphia County by which the Tort Claimant could pay his debt(s) at law (mortgage debt/lien) of which said court and Idee C. Fox (judge) aided and abetted to stop Tort Claimant from doing so and at the same time denied, estopped Tort Claimants exercise the Public Policy (HJR-192) as established by the U.S. Congress in light of said bankruptcy to discharge debts dollar for dollar and was involved with the conspiracy and collusion with the County of Pennsylvania, City of Pennsylvania and the Commonwealth of Pennsylvania to the ongoing fraud and felony actions against the Tort Claimant, CREATING A VOID JUDGMENT. Idee C. Fox (judge) did violate the commercial process multiple times by/and through court proceedings as a sitting judge via her arguments, decisions, actions, orders, inclusions to the docket or otherwise and by allowing and accepting felonious and fraudulent testimony, fraudulent filed documents and blatant rejection of the commercial process and/or commercial law as it operates within the COMMONWEALTH OF PENNSYLVANIA and the COURT OF COMMON PLEAS, as Idee C. Fox (judge) knew or should have known, having superior knowledge of the law per this matter, as referenced in the facts provided by and filed into the above case/court by the Tort Claimant under necessity. Such act(s) by M & T Bank and Idee C. Fox (judge) are in violation of the/that Public Policy to the detriment of the Tort Claimant and his property rights and are outside the law (of bankruptcy) as the ship of state is in state of receivership and the COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY by and through Idee C. Fox (judge) still could not and can not compel the Tort Claimant to do the impossible; Pay the mortgage in real money backed by substance, at law, to acquire both possession and title. Tort Claimant was not informed nor disclosed that Idee C. Fox (judge) was administering a Trust per the filing by the Plaintiff and Tort Claimant was not informed nor disclosed how she was seen or the office she held; Trustee or Beneficiary in the case, as it is perceived that the COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY is not a court of Constitutional due process, but only an ADMINISTRATIVE TRIBUNAL administering the bankruptcy via the Trust created, however, ignored the agreement of the parties causing a violation of due process, failure to disclose the operation of a trust, failure to disclose status of Tort Claimant either as the trustee or the beneficiary, to the detriment of the Tort Claimant. Sheriff John D. Green of Philadelphia County did conspire to fraud the Tort Claimant as he was notified on March the 2009 of the illegal Sheriff Sale and that the Courts actions having failed or refused to render due process decision/judgment pursuant to facts and commercial law which violated the rights, title and security interest of the Tort Claimant on said properties located at 4437-39 Chestnut Street City of Philadelphia, Philadelphia Pennsylvania Tax Lot and Block Parcel ID No. 881611910 and 881611915, Deed Book 1060, Page 321, also properties located at 4500- 4502 Chestnut Street City of Philadelphia, Philadelphia Pennsylvania Tax Lot and Block Parcel ID No. 881145020 Philadelphia Recorder of Deeds Document No. 50075168 and was involved with the conspiracy and collusion with the County of Philadelphia, City of Philadelphia and the Commonwealth of Pennsylvania to the ongoing fraud and felony actions against the Tort Claimant. Robert D. Aversa (Deputy city solicitor ) was an active party to harassment, fraud, and felony actions against the Tort Claimant by the lack of due diligence in reference to the Tort Claimants civil and constitutional rights and in the refusal to support nor acknowledge the commercial and international legal processes and procedures. Whereas Robert D. Aversa refused to provide the Oaths of Office, proof of (performance) bonds and information subpoenaed during
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the May 2008 term, which are of public record and to be made available upon any request by any means at any anytime to the public and was involved with the conspiracy and collusion with the County of Pennsylvania, City of Pennsylvania and the Commonwealth of Pennsylvania to the ongoing fraud and felony actions against the Tort Claimant. Sandra M. Moss as a judge/clerk/employee of Philadelphia County refused to stop the illegal court actions and notify the Court of their lack of authority in such commercial matters and recuse herself and was involved with the conspiracy and collusion with the County of Philadelphia, City of Philadelphia and the Commonwealth of Pennsylvania to the ongoing fraud and felony actions against the Tort Claimant. The Tort Claimant further states that Tort Feasors; Idee C. Fox, Sandra M. Moss, Ester R. Slvester, Robert E. Sandler.Jr, Robert D. Aversa, Mary E. Butler, Gary Divito, Michael A. Nutter, Richard Glazer, Lokia Owens, Sheriff John D. Green, Barry Scott, Dominic J. Rossi, Robert E. Sadler, Jr. - M&T, Shahan G. Teberian and Morton R. Branzburg- Klehr Harrison Harvey Branzburg & Ellers,LLP, did by their willful acts cause damage and injury to Tort Claimant, and those injuries are: Misapplication of (of the State and Federal) Statutes (Uniform Commercial Code), collusion, conspiracy, fraud, fraud by scienter, fraud in the factum, unlawful taking/theft of private property, obstruction of justice, violation of civil rights, violations of the Constitution of the United States (Art. I X), violations of the Constitution of the Commonwealth of Pennsylvania, Treason, threat(s), duress, coercion, harassment, violation of Due Process of law, Violation of Federal Banking and Monetary Rules/Laws, omission and denied evidence, accepting and moving on fraudulent filed declaration/testimony or otherwise, unjust enrichment, financial deprivation, financial distress, violation of Public Policy, emotional, physical and mental anguish, slander, defamation of character or otherwise as stated herein. It is the said mandatory duty of the County of Pennsylvania by and through its employees, agents, contractors, sub-contractors, bar members, non-government operatives and all court officers, judges as named herein or otherwise John & Jane Does 1 to 100 pursuant to their Oaths of Office and/or Professional Code of Ethics and via the acts, injuries and damages made and done to and upon Claimant, were not to do and the same constituted a breach of that Oath and/or Professional Code of Ethics. Risk Management is to do their Due Diligence and investigate this Claim within the time period specified and determine if that said stipulated acts, breaches, injuries and damages was not committed against the Tort Claimant and that said Tort Feasors did not breach their mandated duty which, such breach of their mandated duty caused injury to the Tort Claimant as stated herein and otherwise herein Tort Claimant states a claim for said injuries herein and as supported by Affidavit in Support of Tort Claim, and Affidavit of Negative Averment. Such Affidavits are Annexed in and attached hereto are made a part hereof. This Tort Claim also contains an Assessment of Damages. NOTICE: Tort Claimant is aware that the named Tort Feasors may be de-jure county agents/employees but was not informed nor noticed that some or any of the named agents/employees or otherwise are Non-Government Organization (Operatives) (NGO), acting in concert with so-called de-jure county government, without oath, bond, or otherwise, directing adverse actions to injure and/or defraud Tort Claimant under/or World Government, with de-jure County governments knowledge and agreement and that of COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY. NOTICE: that non-rebuttal (denial) of the attached commercial affidavits in support of tort claim, as attached and made part of this claim under the Security Tracer Flag has been flagged
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into commerce and as such is now a Federal Document under the U.S.S.E.C. and by doing so establishes this tort claim and all concluding documents becomes a Security subject to observation, tracking and regulation. PLEASE NOTICE: The whole legal system consists of telling the truth, the whole truth and nothing but the truth, either by testimony, deposition, and/or by affidavit. One sworn to tell the truth is compelled by high principles to protect truth and do nothing to tamper with that truth, either directly or indirectly, either in person or by proxy, or by subornation of an affiant or other person. Any judge or officer or government employee or otherwise who tampers with testimony, deposition, or affidavit(s) is a threat to the Commercial Peace and Dignity of the County, State, and United States of America, and acts in the nature of a foreign enemy agent, committing a Mixed War. NOTICE: The Tort Claim Notice and all affidavits must be responded to and rebutted within 30 calendar days upon receipt hereof or otherwise goes into dishonor or default, admits to the injuries and all facts stand in this record as true and Risk Management by/and through Barry Scott / Risk Management Office representative of the Philadelphia County (and to the Countys insurer, if any) speaks for the County of Philadelphia and binds his Principal (Philadelphia County) and binds the liability/ financial compensation and assets of said Philadelphia County Corporation to this claim to the benefit of the Tort Claimant/Derek K. Hairston in the nature of a debt due and owing. CLAIM AMOUNT: Tort Claimant, for said injuries as stated herein, herein claims a SUM CERTAIN amount of $500,000,000.00 USD (FIVE HUNDRED MILLION AND NO/100) USD, Money on Account, Amero Dollars, or payable in Gold or Silver, being due and payable to Tort Claimant. This amount must be tendered in full, be it a bank certified check or wire transfer of funds in full satisfaction and accord, in the interest of Justice; on behalf of said injuries to Tort Claimant however pervaded for full settlement and closure of this private matter/claim. PRE-SETTLEMENT OFFER; In the event that by and through Risk Management of Philadelphia County fails and/or refuses to do their due diligence and investigate, rebut the affidavits in respect to this Tort Claim, therein the claim and the facts stand in the record as true and owing in respect to the Claim and its sum certain amount, said Tort Claimant herein allowing Barry Scott / Risk Management to do the honorable thing on behalf of his Principal (limited liability) offers this pre-settlement offer for consideration and acceptance within 15 days, to wit; 1) PAY 25% OF THE TOTAL AMOUNT AS CLAIMED ABOVE, 2) RECONVEY THE REAL PROPERTY UNLAWFULLY TAKEN PER CASE NUMBER 080503674 and 524706 (VOID JUDGMENT AB INITIO), 3) ENFORCE THE CRIMINAL COMPLAINT AND ARREST THE BONDS, and 4) NOTIFY FEDERAL PROSECUTORS OF FELONY VIOLAIONS as caused and committed against One Derek Kimball Hairston, by/and through DEREK K. HAIRSTON, Ens legis a flesh and blood sentient man, sovereign and Secured Party Creditor and beneficiary and One of the people constituting the Commonwealth of Pennsylvania, in a sovereign capacity among other people or face the full liability (silence equates to agreement) of whole amount SUM CERTAIN if not discharged (paid) via this pre-settlement offer per the terms and conditions herein, settled and reconveyed on the 40th day from receipt of this Notice of Tort Claim. NOTICE; Upon Barry Scott / Risk Managements silence, dishonor or default in this matter, aside from binding his principal to the liability, also agrees that Risk Management can use the private property and the bodies of the Tort Feasors as the collateral necessary to satisfy this claim/debt and Barry Scott/ Risk Management that tort Claimant may, upon the silence, dishonor and default of Risk Management file a UCC-1 Lien on any property, real or otherwise, of the Tort Feasors, under necessity, in the interest of justice to secure collateral. PLEASE BE ADVISED: that pursuant to International Law, that Philadelphia County Risk Management or any of its agent(s), officers or otherwise cannot deny the claim! Tort Claimant
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commands and demands that Barry Scott / Risk Management engages due diligence and investigation and rebuts the affidavits. HEREIN PRESENTED, Tort Feasors identified herein has and had a mandatory duty via their Oath of Office and pursuant to the expressed expectation contained in your county or states Oath of Office, duty, responsibilities and obligations in that all agents, employees, court officers, employees, city officers, employees, county officers, employees and State officers, employees would act and operate in Good Faith and with Clean Hands in protecting the Right(s), title(s) and interest(s) of the people and that of the Tort Claimant via said Oath(s) in respect to the Bill of Rights of the first Ten Amendments to the U.S. Constitution as it/they operate upon the agents, officers, employees (Trustees & Trust officers) of Philadelphia County via their Oath of Office or that of the County commissioners or that of their Governor. THEREFORE AGREED: Pursuant to this Claim as supported by affidavit(s) attached hereto and made a part hereof, of the injures and violations stated herein, and of the stated monetary damages; that the County of Philadelphia by/and through the Commonwealth of Pennsylvania is accountable and liable in this matter for the acts of its agents, employees, court officers and otherwise stipulated herein, Tort Claimant herein claims monetary damages as real and appropriate as so enumerated herein and assessed for cause; at a SUM CERTAIN AMOUNT of $500,000,000.00 USD (FIVE HUNDRED MILLION AND NO/100) USD, Money on Account, Amero Dollars, or payable in Gold or Silver, being due and payable to Tort Claimant. // // //

Sincerely, Without Prejudice _________________________________________ Derek-Kimball: Hairston, Secured Party, Authorized Representative, Attorney-In-Fact- on behalf of the Debtor; DEREK K. HAIRSTON Ens legis

ACKNOWLEDGEMENT
Commonwealth of Pennsylvania ) ) Scilicet County of Montgomery )
SUBSCRIBED TO AND SWORN before me on this_____ day of December, 2009 AD, a Notary, that, Derek Kimball Hairston, personally appeared and known to me to be the man whose name subscribed to the within instrument and acknowledged to be the same and executed the foregoing.
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Witness my hand and seal: ______________________________________ Seal; Notary Public My Commission Expires_________________

/S/_________________________________

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