Herbst Asset Mgmt. Trust, et al. - Page 20




                                       - 20 -                                         
               Although not ordered by the Court, on January 16, 2002,                
          Herbst Management Trust submitted, and the Court had filed, a               
          response to respondent’s motion to hold petitioner in default in            
          the case at docket No. 9999-00, and Ms. Herbst in the case at               
          docket No. 10001-00 and Mr. Herbst in the case at docket No.                
          10002-00 submitted, and the Court had filed, respective responses           


               5(...continued)                                                        
                  *       *       *       *       *       *       *                   
               4.   Petitioner does not want this false tax claim to                  
                    be litigated in court, and has petitioned this                    
                    Court to have this case removed from the docket as                
                    having been petitioned in error due to the                        
                    erroneous instructions given by the respondent.                   
               WHEREFORE it is prayed that:                                           
               1.   This Court dismiss this case at petitioner’s                      
                    request as the original petition was issued in                    
                    error due to false directions given to petitioner                 
                    by respondent.  Petitioner believes that he has                   
                    the right to correct his mistake and withdraw the                 
                    original petition.                                                
               2.   This Court and the respondent recognize the                       
                    petitioner as a Trust and cease attempting to set                 
                    aside a contract in direct opposition to the                      
                    Constitution of the United States of America.                     
               3.   This court sanction the respondent for using this                 
                    Court for illegal purposes.  Respondent has no                    
                    legal tax claim as petitioner has noted to                        
                    respondent and this Court on numerous occasions.                  
                    Without a legal claim, respondent fraudulently                    
                    instructed petitioner to use this Court to                        
                    legitimize his illegal attempt to deprive                         
                    petitioner of his assets.                                         
               4.   This Court instruct the respondent to cease, now                  
                    and forever, harassment of petitioner.                            





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