IN THE
CIRCUIT COURT OF THE STATE OF OREGON FOR JOSEPHINE COUNTY
.
STATE OF OREGON
)
.
Plaintiff
) APPEARANCE BRIEF
.
v
) BY SPECIAL VISITATION:
. RAYMOND RONALD KARCZEWSKI©
) REQUEST FOR DISMISSAL
.
Defendant Pro Se
)
.
) CASE NO 02-CR-0617
.______________________________________ )
1. Comes now, Raymond Ronald Karczewski©, an American Natural Born citizen, Secured
Party and Creditor to Debtor RAYMOND RONALD KARCZEWSKI©, the Defendant named in
the Circuit Court for Josephine County Criminal Case No: 02-CR-0617.
2. Raymond Ronald Karczewski©, hereinafter known as Secured Party, is a sovereign, common
man, arising under the original jurisdiction of the de jure Constitution of the United States of 1789
as amended by the qualified electors of the several States of this American Union and the Northwest
Ordinance of 1787 for the territories of the de jure United States. Further, the Secured Party, neither
gives nor grants jurisdiction or venue to this Unlawful Court.
3. The Secured Party asserts all of his rights under the Common Law, the Magna Carta, the Bill of
Rights of 1689, the Articles of Confederation, the Declaration of Independence, the Constitution of the
United States of America, the Bill of Rights of 1787, and the Civil Rights Act of 1964. The Secured
Party waives none of his rights at any time and demands all of
his rights at all times.
4. The Secured Party and Creditor over the Debtor/Defendant, RAYMOND RONALD
KARCZEWSKI©, is indemnified by, takes no responsibility for, and is neither surety, guarantor,
nor accomodation party for the debts/perceived crimes of the public, juristic person, Debtor
RAYMOND RONALD KARCZEWSKI©, named as Defendant in this complaint.
5. This Secured Party and Creditor over the juristic person/defendant gives notice of a special
appearance, even though this is not a Constitutional or legislatively created court, that Secured
Party is in fear for his life, liberty, and property from reprisals by Josephine County District
Attorneys, Deputy Sheriffs, Oregon Department of Justice, and State Troopers of the Oregon State
Police who seek to label and prosecute this Secured Party as a "Paper
Terrorist."
PURPOSE OF BRIEF
6. The purpose of this Appearance Brief by Special Visitation is to bring to the attention of the
court, the following:
(1) At no time, up to and including the present moment, has any person(s) from the Court, the
District Attorney's Office and the Josephine County Sheriff's Office brought forth any proof(s) of
claim establishing liability of this living, breathing, flesh-and-blood natural person, sovereign,
common man, Raymond Ronald Karczewski©, indemnified Secured Party and Creditor over the
Debtor, RAYMOND RONALD KARCZEWSKI©, to the Oregon Vehicle Code and State
Statutes for which he was arrested and incarcerated. Nor has the Secured Party and Creditor,
Raymond Ronald Karczewski©, waived his rights and/or consented to grant jurisdiction to this
unlawful court.
(2) Josephine County District Attorney CLAY EDWARD JOHNSON has been presented with:
(a) CONDITIONAL ACCEPTANCE -- REQUEST FOR PROOF OF CLAIM: CASE NO.
02-CR- 0617, dated November 8, 2002, personally served, via his receptionist/agent "SUE," by Anita
Karczewski and witnessed by John Taft and Peter Sparacino;
(b) CONDITIONAL ACCEPTANCE -- REQUEST FOR PROOF OF CLAIM: CASE NO.
02-CR- 0617, dated January 20, 2003, sent U.S.P.O Registered Mail Article No
RR463804155 US, sent to DISTRICT ATTORNEY CLAY EDWARD JOHNSON;
(c) AFFIDAVIT AND NOTICE OF DEFAULT CASE NO. 02-CR- 0617, dated February
7, 2003, sent U.S.P.O Registered Mail Article No RR 463804186 US, sent to DISTRICT
ATTORNEY CLAY EDWARD JOHNSON;
(d) AFFIDAVIT/JUDICIAL NOTICE BY VISITATION REGARDING NOTICE OF
DEFAULT, dated February 20, 2003, United States Post Office Registered Mail, Article No:
RR 463804190, sent to DISTRICT ATTORNEY CLAY EDWARD JOHNSON;
7. Josephine County District Attorney CLAY EDWARD JOHNSON has refused to respond to,
and/or answer, the above CONDITIONAL ACCEPTANCE -- REQUEST FOR PROOF OF
CLAIMS dated November 8th, 2002 and January 20, 2003, and as such, has failed to state a claim
upon which relief can be granted. In addition, by his silence the District Attorney CLAY
EDWARD JOHNSON has stipulated to the facts as asserted in this case
by the Secured Party.
8. Josephine County District Attorney CLAY EDWARD JOHNSON has refused to respond to,
and/or answer, Secured Party's request for Discovery sent on March 6th, 2003 via United States
Post Office Registered Mail Article No: RR 463870698 US, restricted delivery, return receipt
requested.
9. The Circuit Court for the County of Josephine has violated the Defendant's Constitutional Right to
a speedy trial by exceeding the time limit to bring court case No: 02-CR-0617 to trial. Court records will
show that at no time was this living, breathing, flesh-and-blood, sentient, natural man, Secured
Party/Creditor, Raymond Ronald Karczewski©, who was held hostage by Josephine County Authorities
for the perceived crimes of the defendant, RAYMOND RONALD KARCZEWSKI©, ever advised of, or
given knowledge of the defendant's right to a speedy trial. Nor had the court ever asked the Secured
Party to waive time for trial in his nine appearances before the court.
10 Deputy MICHAEL SHANE BURKE of the Josephine County Sheriff's Office, the arresting
officer, violated the Defendant's Constitutional Rights, falsified charges, cited and arrested the Secured
Party and Creditor, Raymond Ronald Karczewski©, for not having valid automobile insurance in force at
the time of the traffic stop, although proof of valid insurance issued to the juristic person/defendant,
RAYMOND RONALD KARCZEWSKI©, was in Deputy BURKE'S possession in the papers handed
him by the Secured Party subsequent to BURKE'S threat of arrest of the Secured Party in the event of
noncompliance. Deputy BURKE was advised prior to the arrest that this living, breathing,
flesh-and-blood, sentient, natural person was not the juristic person RAYMOND RONALD
KARCZEWSKI©, the Defendant named in this case.
11. Deputy MICHAEL SHANE BURKE was suspended on or about March 13th, 2003 from
his duties as a Deputy Sheriff by the Josephine County Sheriff's department pending investigation
by the OREGON STATE POLICE of charges lodged against him for alleged
police brutality.
12. Aside from the question of JURISDICTION, a fundamental question which the District
Attorney and the Court have refused to address, and have thus far steadfastly evaded despite
repeated challenges made by the Secured Party during multiple appearances before the court; the
case against the defendant, RAYMOND RONALD KARCZEWSKI©, and the subsequent
unlawful arrest and incarceration of Secured Party rests upon clearly tainted and unlawfully
secured evidence gathered by Deputy BURKE through his deliberate and willful falsification of
charges against the defendant. Deputy BURKE also showed a willful disregard for, and violated
the Secured Party's and Defendant's Unalienable Rights, and the latter's U.S. Constitution 4th
Amendment protection against Unlawful Search and Seizure. Additionally, Deputy BURKE's
subsequent unlawful and alleged violent conduct, which resulted in his suspension by the
Josephine County Sheriff's Department as one who is under investigation for alleged police
brutality, renders moot his regard for honesty, integrity and personal
credibility as a Peace Officer.
12. I, Raymond Ronald Karczewski©, Secured Party and Indemnified Creditor of the Debtor,
RAYMOND RONALD KARCZEWSKI©, named as defendant in this matter, asks the question
of this court, "What is my remedy?"
13. If there exists any legal issue before a court of justice which cries out for dismissal in the
Interest of Justice, this is it. Otherwise, all who travel upon the roadways of our land in their
private automobiles, for private purposes, with their highbeam headlights on, live in peril of
experiencing similar heavy-handed, unlawful, and abusive police-state
policies.
14. I, Raymond Ronald Karczewski©, Secured Party, ask the Court to dismiss all charges based
on the following:
(a). The Court's adamant refusal to follow existing case law and prove, in writing, its Jurisdiction
over this Secured Party/Creditor.
(b). The unlawfully seized evidence tainted by Deputy BURKE'S assault upon the defendant's
Fourth Amendment Rights/Protections against evidence secured through Unlawful Search and
Seizure;
(c). The falsification of charges by the arresting officer BURKE.
(d). Repeated failures/defaults by the District Attorney to state a claim which proves and/or
establishes the Secured Party/Creditors liability to the State statutes/infractions charged.
and:
(e). Non-compliance and refusal by the Josephine County District Attorney to abide by the law
and provide for Secured Party's request for Discovery.
(f) In all, District Attorney CLAY EDWARD JOHNSONS has failed to state a claim upon
which relief may be granted.
AFFIDAVIT
Affiant, Raymond Ronald Karczewski©, Common Law trade-name/trademark copyright © 2002, a
living, breathing, flesh-and-blood man, does swear and affirm that Affiant has scribed and read the
foregoing facts contained in this Appearance Brief by Special Visitation/Request for Dismissal and that, in
accordance with the best of Affiant's firsthand knowledge and conviction, such are true, correct,
complete, and not misleading, the truth, the whole truth, and nothing
but the truth.
This Affidavit is dated the Eighth Day of the Fourth Month in the Year of Our Lord Two
Thousand and Three.
____________________________________________________________
Secured Party/Creditor, American citizen Pro Se
STATE OF OREGON
County of Josephine } ss.
BE IT REMEMBERED, That on this _______ day of ______________,
______,
Before me, the undersigned, A Notary Public in and for the State of
Oregon, personally
appeared the within named ______________________________________________
__________________________________________________________________
__________________________________________________________________
known to me to be the identical individual AS described
in and who executed the within instrument and
acknowledged to me that ___________ executed the same freely
and voluntarily.
IN TESTIMONY WHEREOF, I have hereunto set My
hand And affixed my official seal the day
and Year last
above Written.
_________________________________________
Notary Public of Oregon
My Commission expires: _______________________
ALL EXHIBITS ARE CURRENTLY CONTAINED IN COURT FILE CASE
NO. 02-CR- 0617
AT JOSEPHINE COUNTY COURT CLERK'S OFFICE
Exhibit 1: Copy: CONDITIONAL ACCEPTANCE -- REQUEST FOR PROOF OF CLAIM,: CASE NO. 02-CR- 0617, Dated November 8, 2002, to DISTRICT ATTORNEY CLAY E. JOHNSON:
Exhibit 2: AFFIDAVIT OF SERVICE dated November 8, 2002, personally
served on DISTRICT
ATTORNEY'S receptionist "SUE" by Anita Karczewski, witnessed by John
Taft and Peter Sparacino.
Exhibit 3: Copy: CONDITIONAL ACCEPTANCE -- REQUEST FOR PROOF OF CLAIM,: CASE NO. 02-CR- 0617, Dated January 20, 2003, sent U.S.P.O Registered Mail Article No RR463804155 US to DISTRICT ATTORNEY CLAY E. JOHNSON:
Exhibit 4: Copy: AFFIDAVIT OF MAILING, and Signed
Receipt U.S.P.O Registered Mail Article No
RR463804155 US, received and dated Jan 22, 2003 by "G JOHNSON," agent
for JOSEPHINE COUNTY DISTRICT ATTORNEY CLAY E. JOHNSON.
Exhibit 5: Copy: CERTIFICATION OF NON-RESPONSE regarding CONDITIONAL
ACCEPTANCE -- REQUEST FOR PROOF OF CLAIM,: dated February 7, 2003, signed
by DEBRA C. BUCHANAN,
Notary Public.
Exhibit 6: Copy: AFFIDAVIT AND NOTICE OF DEFAULT, RRK 020703 CEJ, dated February 7, 2003, addressed to DISTRICT ATTORNEY CLAY E. JOHNSON, sent U.S.P.O Registered Mail Article No RR463804186 US
Exhibit 7: Copy: AFFIDAVIT OF MAILING, and Signed Receipt U.S.P.O
Registered Mail Article No
RR463804186 US received and dated Feb 10, 2003, by "G JOHNSON," agent
for JOSEPHINE COUNTY DISTRICT ATTORNEY CLAY E. JOHNSON.