Mr. and Mrs. Roland R. Fox

c/o Forwarding Agent

7115 N. Division St. #B-354

Spokane 99208

WASHINGTON STATE, USA

Fax: (509) 466-4999 (use cover sheet)

Without Prejudice

UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF WASHINGTON

In re: Roland and Virginia Fox, ) Bankruptcy Case No. 07-00105-PCW7

)

Debtors, ) Adv. Proceeding No. 09-80003-PCW

)

Anthony E. Grabicki, )

)

Plaintiff, )

)

Roland R. Fox et al., )

)

Defendants. )

----------------------------------) NOTICE OF WITHDRAWAL,

) BY AFFIDAVIT:

United States )

ex relatione ) 28 U.S.C. 1746(1).

Paul Andrew Mitchell, )

)

Interpleader. )

)

__________________________________)

NOTICE OF WITHDRAWAL, BY AFFIDAVIT

TO: Office of the Clerk of Court and all Interested Party(s)

This is a formal written Notice to the Office of the Clerk of this Court and to all interested Party(s) that Mr. Roland R. Fox and Mrs. Virginia A. Fox, husband and wife, hereby withdraw their original Chapter 11 bankruptcy petition, as filed on January 11, 2007 A.D., for good causes showing and verified in all attached Exhibits.

INCORPORATION OF EXHIBITS

Mr. and Mrs. Fox hereby attach the following list of Exhibits, they incorporate same by reference as if set forth fully here, and they demand mandatory judicial Notice of same pursuant to Rule 201(d) of the Federal Rules of Evidence (“FREV”), to wit:

(1) NOTICE OF INTENT FORMALLY TO DECLARE INSOLVENCY AS TO OBLIGATIONS PAYABLE TO THE FEDERAL RESERVE BANKS;

(2) DECLARATION OF INSOLVENCY AS TO OBLIGATIONS PAYABLE TO THE FEDERAL RESERVE BANKS;

(3) NOTICE OF INTENT TO LODGE VERIFIED CRIMINAL COMPLAINT, ON INFORMATION; and,

(4) VERIFIED CRIMINAL COMPLAINT, ON INFORMATION.

The term “shall” in said Rule 201(d) has a mandatory, imperative meaning, leaving no room for any discretion by this honorable Court.

The formal charges supra of 18 U.S.C. 1001 violations by personnel employed by this Court necessarily imply that the above Exhibits, and all additional Exhibits attached thereto, may not have been duly filed in the above entitled case(s). See Item (4) above.

Mr. and Mrs. Fox now expressly demand that all of said Exhibits be duly filed, together with the instant NOTICE OF WITHDRAWAL, BY AFFIDAVIT, placing particular emphasis on the NOTICE AND DEMAND TO CEASE AND DESIST as found in Item (3) above.

The evidence before them now provides probable cause to Mr. and Mrs. Fox that Mr. Anthony E. Grabicki et al. have failed and/or refused to cease and desist from any further attempts to collect or otherwise enforce collection(s) of money sums from the Fox estate(s) under the false and now fully rebutted claim (read “lie”) that Mr. or Mrs. Fox owe any unpaid “income taxes” imposed by IRC subtitle A.

SUPPLEMENTAL AUTHORITIES

The individuals named and formally charged in Item (4) supra have conspired to destroy two (2) separate businesses belonging to Mr. and Mrs. Fox. The latter have now retained Counsel to research relevant case law and they have thereby confirmed that the United States can be enjoined to prevent the destruction of a business which might otherwise occur as a direct consequence of enforcing the assessment and/or collection of Federal “income taxes” upon Mr. and Mrs. Fox.

Specifically, the Anti-Injunction Act cannot be enforced to destroy a business. See John M. Hirst & Company v. Gentsch, 133 F.2d 247 (6th Cir., 1943), Midwest Haulers v. Brady, 128 F.2d 496 (6th Cir., 1942), and Long v. United States, 148 F.Supp. 758 (1957).

All individuals formally charged in Item (4) supra are also in violation of the holdings in the latter standing court decisions.

In the present context, the excellent abstract at 2 Am.Jur.2d, page 129 (1962), is entirely relevant, definitive and dispositive:

Section 301. -- Particular applications.

In application of the principles that the power of an administrative agency to make rules does not extend to the power to make legislation and that a regulation which is beyond the power of the agency to make is invalid, it has been held that an administrative agency may not create a criminal offense or any liability not sanctioned by the lawmaking authority, and specifically a liability for a tax [fn 2] or inspection fee. [bold emphasis added]

The latter abstract is correctly decomposed as follows:

(1) the power of an administrative agency to make rules does not extend to the power to make legislation: see Article I;

(2) a regulation which is beyond the power of the agency to make is invalid; and,

(3) an administrative agency may not create a criminal offense or any liability not sanctioned by the lawmaking authority, and specifically a liability for a tax. Footnote 2 infra.

Footnote 2 supra reads as follows:

2. Commissioner of Internal Revenue v. Acker, 361 U.S. 87, 4 L.Ed.2d 127, 80 S.Ct. 144 (1959); Roberts v. Commissioner of Internal Revenue, 176 F.2d 221, 10 ALR.2d 186 (9^th Cir. 1949) (... regulations “can add nothing to income as defined by Congress” citing M.E. Blatt Co. v. United States, 305 U.S. 267, 279, 59 S.Ct. 186, 190, 83 L.Ed. 167 (1938)); Independent Petroleum Corp. v. Fly, 141 F.2d 189, 152 ALR 928 (5^th Cir. 1944) (... the power to make regulations does not extend to making taxpayers of those whom the Act, properly construed, does not tax); Indiana Dept. of State Revenue v. Colpaert Realty Corp., 231 Ind. 463, 109 NE.2d 415 (no power to render taxable a transaction which the statute did not make taxable); Morrison-Knudsen Co. v. State Tax Com., 242 Iowa 33, 44 NW.2d 449, 41 ALR.2d 523 (use tax).

Liability for the payment of the sales tax is controlled by statute; it cannot be controlled by rulings or regulations of the board. Acorn Iron Works v. State Board of Tax Administration, 295 Mich. 143, 294 NW 126, 139 ALR 368. Annotation: 139 ALR 380 (“retail sale”).

All individuals formally charged in Item (4) supra are also in blatant violation of the holdings in the latter standing court decisions.

Confer at 26 CFR 1.1-1 for the key offending Regulation.

Notice to principals is notice to agents.

Notice to agents is notice to principals.

PARTIAL LIST OF DAMAGES IDENTIFIED TO DATE

Mr. and Mrs. Fox now make a good faith attempt to itemize a partial list of actual and consequential damages which they have suffered to date, as a result of the combined actions and/or omissions of each individual formally charged at Item (4) above, as follows:

(1)   conversion of real estate at 9909 E. 9th Ave.            $135,000

(2)   conversion of real estate at 648 S. Denver               $135,000

(3)   conversion of real estate at 10309 E. 4th Ave.           $350,000

(4)   conversion of real estate at 505 N. Progress Rd.         $350,000

(5)   conversion of real estate at 2006 W. Gardner             $125,000

(6)   conversion of real estate at 12815 E. 27th Ave.          $270,000

                                                             ----------

                     Subtotal:                               $1,365,000

(7)   attorney malpractice by Greg Decker                        $2,500

(8)   attorney malpractice by Kevin O’Rourke                     $5,000

(9)   Chapter 11 filing fees                                     $2,000

(10)  quarterly bankruptcy fees                                  $1,500

(11)  conversion of tower personal computer                      $1,000

(12)  face value of life insurance policy, Roland R. Fox       $250,000

(13)  face value of life insurance policy, Virginia A. Fox     $100,000

(14)  real estate at 1412-1414 W. Dean Avenue in foreclosure

      due to inability to make mortgage payments               $125,000

(15)  real estate at 1422 W. Dean Avenue in foreclosure

      due to inability to make mortgage payments                $40,000

(16)  Sterling Bank account closed after depletion

      by suspect Anthony E. Grabicki                             $1,937

(17)  loss of mobile home at 9518 E. 4^th Ave. #8:

      due to inability to pay $3,200 in back lot rental           (TBA)

(18)  suspect Anthony E. Grabicki did not pay INB Bank for

      loan used to purchase 10309 E. 4^th Ave. upon its sale,

      after Mr. Fox gave him balance due on loan ~ $350           (TBA)

(19)  loan on mobile home lot #40 paid in full by Foxes, but

      INB Bank has not surrendered title;  when questioned,

      Loan Dept. replied that V.P. Don Engdall instructed

      Loan Dept. not to release title                             (TBA)

(20)  extensive damages to credit ratings of Roland R. Fox

      and Virginia A. Fox, January 11, 2007 to present            (TBA)

(21)  4 boxes of private chattel paperwork not returned           (TBA)

(22)  increased medical expenses and costs of long-term care

      for elderly and disabled Roland R. Fox, age 77              (TBA)

(23)  Increased medical expenses and costs of long-term care

      for elderly and disabled Virginia A. Fox, age 68            (TBA)

ILLEGAL CONVERSION TO CHAPTER 7 LIQUIDATION

For all of the reasons stated and verified heretofore in writing, Mr. and Mrs. Fox now conclude from overwhelming available evidence that conversion of their original Chapter 11 bankruptcy petition to Chapter 7 (read “liquidation”) was never lawful and therefore was totally illegal ab initio (i.e. in the first instance).

It follows that suspect Anthony E. Grabicki could never have occupied the office of “Chapter 7 Trustee” [sic] in the instant cases, because said conversion did not happen as a matter of law; no such valid “ORDER” was ever issued by this honorable Court.

Proper notice and hearing were never conducted on any proper motion for order(s) authorizing such a conversion. See 4 U.S.C. 101.

Extensive impersonation by all named suspects also rendered void any and all “orders” allegedly issued by personnel claiming to be duly appointed U.S. Bankruptcy “judges”. See 18 U.S.C. 912, in chief.

Furthermore, all “process” issued to date by those suspects blatantly violated the clear requirements imposed upon all such process by the Federal statute at 28 U.S.C. 1691 i.e. no Clerk’s signature and/or no official Court seal. See 18 U.S.C. 1341.

In point of fact, there can be no Clerk’s signature as long as the Office of Clerk is vacant and currently occupied by one or more impostors who stubbornly refuse to produce the Office of Personnel Management (“OPM”) Form 61 APPOINTMENT AFFIDAVITS, of which the Office of Clerk is the legal custodian designed as such by 5 U.S.C. 2906. See 5 U.S.C. 3331 and 28 U.S.C. 951 (“truly and faithfully enter and record all orders, decrees, judgments and proceedings”), in chief.

CONCLUSIONS

Effective immediately, the instant case(s) are now terminated for fraud in the first instance and related criminal conduct, whereas the NOTICE AND DEMAND TO CEASE AND DESIST remains in effect indefinitely.

Furthermore, Mr. and Mrs. Fox are now convinced by all of the above that the suspects formally charged in Item (4) are guilty of deliberate and premeditated elder abuse and related violations of the Americans with Disabilities Act, 42 U.S.C. 12101 et seq.

VERIFICATION

Roland R. Fox and Virginia A. Fox, husband and wife, hereby verify, under penalty of perjury, under the laws of the United States of America, without the “United States” (Federal government), that the above statement of facts and laws is true and correct, according to the best of our current information, knowledge, and belief, so help us God, pursuant to 28 U.S.C. 1746(1). See Supremacy Clause (Constitution, Laws and Treaties are all the supreme Law of the Land).

Dated: June 15, 2009 A.D.

Signed: /s/ Roland R. Fox

______________________________________________

Printed: Roland R. Fox, Sui Juris

nunc pro tunc to January 11, 2007 A.D.

Signed: /s/ Virginia A. Fox

______________________________________________

Printed: Virginia A. Fox, Sui Juris

nunc pro tunc to January 11, 2007 A.D.

PROOF OF SERVICE

I, Roland R. Fox, Sui Juris, hereby certify, under penalty of perjury, under the laws of the United States of America, without the “United States” (Federal government), that I am at least 18 years of age, a Citizen of ONE OF the United States of America, and that I personally served the following document(s):

NOTICE OF WITHDRAWAL, BY AFFIDAVIT:

28 U.S.C. 1746(1)

by placing one true and correct copy of said document(s) in first class United States Mail, with postage prepaid and properly addressed to the following:

Clerk of Court (3x) Dennis G. Fox, Registered Agent

U.S. Bankruptcy Court Northwest Vulpine Associates, Inc.

P.O. Box 2164 2217 S. Fawn Drive

Spokane 99210-2164 Spokane Valley 99206

WASHINGTON STATE, USA WASHINGTON STATE, USA

Mr. Anthony E. Grabicki Mr. Robert D. Miller

dba Chapter 7 Trustee [sic] dba Assistant U.S. Trustee

601 West Riverside #1500 920 West Riverside #593

Spokane 99201 Spokane 99201

WASHINGTON STATE, USA WASHINGTON STATE, USA

Office of the U.S. Attorney Paul Andrew Mitchell, B.A., M.S.

920 West Riverside #300 Private Attorney General

Spokane 99201 c/o 7115 N. Division St. #B-354

WASHINGTON STATE, USA Spokane 99208

WASHINGTON STATE, USA

Dated: June 15, 2009 A.D.

Signed: /s/ Roland R. Fox

______________________________________________

Printed: Roland R. Fox, Sui Juris