Raymond Ronald Karczewki©
Secured Party/Creditor
In care of: PO Box 1870
Cave Junction, OR 97523
Mr. MICHAEL B. BAIRD
CLAIMS MANAGER
OREGON DEPARTMENT OF ADMINISTRATIVE SERVICES
RISK MANAGEMENT DIVISION
1225 Ferry Street S.E, U150
Salem, OR 97301-4287
June 23, 2003
Josephine County Court
Re: CASE NO 02-CR-0617
AFFIDAVIT /REQUEST FOR PROOF OF CLAIM
U.S.P.O. Registered Mail Article No.RR 463870622US
Mr. BAIRD,
On March 3rd, 2003 a notice of Tort Claim, U.S.P.O Registered Mail Article
No
RR463804209US, was filed by me with your department.
As nothing had been done in nearly 3 months after filing the claim and
you are the Claims
Manager of the OREGON DEPARTMENT OF ADMINISTRATIVE SERVICES, RISK
MANAGEMENT DIVISION, I sent you a letter on May 27th, 2003, requesting
the status of
your department's investigation into the matter.
An email reply was received from you on Wed, 28 May 2003 17:00:19 -0700.
It stated
"Thank you for your e-mail. This is the second of two, I believe.
I will research what is
going on and either I or the file handler will respond to you.
Sorry for any delays."
To this day, June 23, 2003, no response has been
received from either you or any "file
handler" from your office regarding this matter.
On June 1, 2003, a similar status request was sent
to the office of KENT GRANAT,
DIRECTOR OF THE JOSEPHINE COUNTY ADMINISTRATIVE SERVICES, who
was assigned investigative responsibility by JOSEPHINE COUNTY COMMISSIONER
HAROLD HAUGEN for the joint responsibility shared by the STATE OF OREGON
and
JOSEPHINE COUNTY for the events which caused the tort claim to be filed
with both
offices on March 3, 2003.
On June 3, 2003, two days after contact was
made with Mr. GRANAT of JOSEPHINE
COUNTY, Mr. ALLEN B. deSCHWEINITZ of the law firm of deSCHWEINITZ
&
HAMILTON, negotiator/agent for JOSEPHINE COUNTY, sent a letter to me
advising "I can find
no violations of your rights by any Josephine County agents or employees
and, therefore, on behalf
of Josephine County, respectfully deny any responsibility for the claims
you are making." So
ended the tort claim from Mr. deSCHWEINITZ's perspective.
On June 5, 2003 an AFFIDAVIT /REQUEST FOR PROOF OF
CLAIM was sent to Mr.
deSCHWEINITZ demanding a response to the same unanswered 23 proofs
of claim previously sent
to JOSEPHINE COUNTY DISTRICT ATTORNEY CLAY EDWARD JOHNSON which caused
DISTRICT ATTORNEY JOHNSON TO default and thus stipulate to the Truth
stated in my
Affidavit.
On June 9, 2003, a letter was sent by me to OREGON GOVERNOR
TED KULONGOSKI
requesting his assistance in expediting this extraordinary example
of delay and obstructive tactics
employed by our OREGON STATE and COUNTY GOVERNMENTS. As demonstrated
in my
case, our system of government, from top to bottom here in OREGON,
has failed to serve the
PEOPLE of OREGON. It must be noted that no response has been
received from the
GOVERNOR'S office as of this date, June 23, 2003.
On June 16, 2003, an AFFIDAVIT AND NOTICE OF DEFAULT/INVOICE,
U.S.P.O.
Registered Mail Article No. RR 463870675US, was sent to Mr. deSCHWEINITZ.
He failed to
respond to any of the 23 proofs of claim and thus, as was earlier demonstrated
by JOSEPHINE
COUNTY DISTRICT ATTORNEY CLAY EDWARD JOHNSON, he too, acting as agent
for
JOSEPHINE COUNTY, placed himself in default. A copy of that document
was also sent to
JOSEPHINE COUNTY COMMISSIONER HAROLD HAUGEN and to you via Certified
Mail
Article No: 7002 0510 0002 3870 3109.
Mr. BAIRD, although I am not an attorney, I direct your
attention to the following 10
Foundational Maxims of Commerce. I no longer regard this matter
as a "tort claim," but a
criminal violation of my Rights and breach of contract by agents for
the STATE OF OREGON
and JOSEPHINE COUNTY CORPORATIONS. Please note:
1. A workman is worthy of his hire.
2. All are equal under the law (both moral and natural law).
3. In commerce truth is sovereign.
4. Truth is expressed by means of an affidavit.
5. An unrebutted affidavit stands as the truth in commerce.
6. An unrebutted affidavit becomes the judgment in commerce.
7. A matter must be expressed to be resolved.
8. He who leaves the field of battle first loses by default.
9. Sacrifice is the measure of credibility (if one has neither
been damaged nor incurred a
risk, and is unwilling to swear an affidavit -- i.e., "true, correct,
and complete," the
commercial equivalent of, " the truth, the whole truth, and nothing
but the truth" -- on his
unlimited commercial liability for the veracity of his statements and
the legitimacy of his
action, he has no credibility, and therefore no basis for asserting
claims/charges or
claiming authority).
10. A lien or claim can be satisfied only through rebuttal by
counteraffidavit point-for-
point, resolution by jury, or payment.
Mr. BAIRD, here is the list of proofs of claim previously presented
to and evaded by JOSEPHINE
COUNTY DISTRICT ATTORNEY CLAY E. JOHNSON and ATTORNEY
ALLEN B. deSCHWEINITZ. I now present them to you to answer.
Please establish the following proofs of claims within
10 days of receipt of this registered
document. If you cannot, then you, as CLAIMS MANAGER for the
STATE OF OREGON
DEPARTMENT OF ADMINISTRATIVE SERVICES, RISK MANAGEMENT DIVISION, as
have JOSEPHINE COUNTY DISTRICT ATTORNEY CLAY EDWARD JOHNSON and
ALLEN B. deSCHWEINITZ, will, by default, stipulate to joint responsibility
for the following
damages inflicted upon this living, breathing, flesh-and-blood, sentient,
natural person/private
man.
~~~~~~~~~~~~~~~~~
1. PROOF OF CLAIM on how the Oregon Constitution
operates upon me, Raymond Ronald
Karczewski©, a living, breathing, flesh-and-blood,
sentient, natural person, the private man.
2. PROOF OF CLAIM on how the State statutes
by and through the Oregon Legislature and
the DMV operate upon me, Raymond Ronald Karczewski©,
a living, breathing, flesh-and-blood,
sentient, natural person, the private man.
3. PROOF OF CLAIM that the name appearing on
the charging instrument, in capital letters;
RAYMOND RONALD KARCZEWSKI, is not a corporate fiction, but is the name
of the living,
breathing, flesh-and-blood, sentient, natural person, the private man
in his private capacity.
4. PROOF OF CLAIM that the Oregon Revised Statutes
(ORS) describe any other class of
license other than for commerce or for commercial trade, occupation
or profession.
5. PROOF OF CLAIM that this private man
is specifically named in the Oregon State
Statutes and more specifically ORS cites as applied in this matter.
(See the PEOPLE v.
HERKIMER, 15 Am Dec 379, 4 Cowen (N.Y. 345, 348 (1825).
6. PROOF OF CLAIM that the STATE OF OREGON,
in its Corporate capacity, has
Jurisdiction over this living, breathing, flesh-and-blood, sentient,
natural person/private man, the
Secured Party, Raymond Ronald Karczewski© in his private
capacity unless consented to, and/or
contracted for, by that natural person/private man.
7. PROOF OF CLAIM that the COUNTY OF JOSEPHINE,
in its Corporate capacity, has
Jurisdiction over this living, breathing, flesh-and-blood, sentient,
natural person/private man, the
Secured Party, Raymond Ronald Karczewski© in his private
capacity unless consented to, and/or
contracted for, by that natural person/private man.
8. PROOF OF CLAIM that all "Officers
of the Court," which include members of the
JOSEPHINE COUNTY DISTRICT ATTORNEY'S staff, are under oath of office
to support and
defend both U.S. and OREGON Constitutions.
9. PROOF OF CLAIM that Deputies and/or
Jail Staff, in their capacity as Agents for the
CORPORATE JOSEPHINE COUNTY SHERIFF'S DEPARTMENT, are bound by
their oath of
office to support and defend both U.S. and OREGON Constitutions.
10. PROOF OF CLAIM that the CIRCUIT COURT
OF THE STATE OF OREGON FOR
JOSEPHINE COUNTY, in its Corporate capacity, has Jurisdiction over
this living, breathing,
flesh-and-blood, sentient, natural person/private man, the Secured
Party, Raymond Ronald
Karczewski© in his private capacity unless consented
to, and/or contracted for, by that natural
person/private man.
11. PROOF OF CLAIM of the existence of the liability and how it was created.
12. PROOF OF CLAIM of what 'state' the
liability came from, the de jure state ('The State') or
the de-facto state ('This State'), a mere corporation.
13. PROOF OF CLAIM that the State of
Oregon DEPARTMENT OF TRANSPORTATION,
DMV, through its Administrative Drivers Licensing process, has Jurisdiction
over this living,
breathing, flesh-and-blood, sentient, natural person/private man, the
Secured Party, Raymond
Ronald Karczewski© in his private capacity unless consented
to, and/or contracted for, by that
natural person/private man.
14. PROOF OF CLAIM that in my private capacity,
that I, Raymond Ronald Karczewski©, a
living, breathing, flesh-and-blood, sentient, natural person, the private
man, is subject to Class A,
B, and C commercial driver license. (see ORS 807.031)
15. PROOF OF CLAIM that the State of Oregon via the DMV sells any other ‘driver’ license.
16. PROOF OF CLAIM that the Motor Vehicle code
does not operate upon all ‘drivers’ of
‘all’ vehicles owned or operated by ‘the United States,’ ‘this state,’
‘or any county,’ ‘city,’
‘district,’ ‘or any other political subdivision of this state’ … and
thus operates upon this private
man. (see ORS 801.020)
17. PROOF OF CLAIM that my ‘private' vehicle
is not a ‘recreational’ vehicle that is
operated solely for personal (private) use. (see ORS 801.208)
18. PROOF OF CLAIM that my ‘private' vehicle
is used for the transportation of persons for
compensation or profit, or designed or used primarily for the transportation
of property (for hire).
(see ORS 801.210).
19. PROOF OF CLAIM that Raymond Ronald Karczewski©,
a living, breathing, flesh-and-
blood, sentient, natural person, the private man, was a licensee at
the time of the ‘stop’ to subject
himself to the motor vehicle code by agreement and as a signatory.
(see Vehicle Traffic Law, 1974
Rev Ed., page 238, 239).
20. PROOF OF CLAIM that, “In view of this rule a
statutory provision that the supervision
officials “may” exempt such persons when the transportation is not
on a commercial basis means
that they “must” exempt them, generally applies in this matter.
(State v. Johnson, 243 P. 1073; 60
C.J.S. section 94 pg 581).
21. PROOF OF CLAIM that Raymond Ronald Karczewski©,
a living, breathing, flesh-and-
blood, sentient, natural person, the private man, does not have the
right in light of ORS 801.305.
22. PROOF OF CLAIM that the ‘entity’ bringing forth
this claim can testify on the witness-
stand of the same and bring all relevant evidence.
23. PROOF OF CLAIM that the prosecutor, as an agent
of the State, has established a ‘liability
bond’ in this action to indemnify Raymond Ronald Karczewski©,
a living, breathing, flesh-and-
blood, sentient, natural person, the private man, in the event of any
damnification.
~~~~~~~~~~~~~~~~~
DAMAGES
Claim 1
In compensation for the incarceration of 35 days of solitary confinement,
I, Raymond
Ronald Karczewski©, do hereby lay claim of $60,000
per diem.
Total: $2,100,000.00
Claim 2
In compensation for the Theft and retention of my private automobile
by Josephine County
Sheriff's Deputies, I, Raymond Ronald Karczewski© do
hereby
lay claim of:
Total $500,000.00
Claim 3
For the crimes of Kidnapping, Robbery at gunpoint, Falsification of
Charges by Deputy
BURKE on Affidavit/Citation, I, Raymond Ronald Karczewski©
do hereby lay claim of :
Total $3,000,000.00
Claim 4
For the crime of False Arrest via issuance of Failure To Appear arrest
warrant by Judge
ALAN HERBERT COON, on September 12, 2002, without an accompanying sworn
affidavit establishing Secured Party/Creditor Raymond Ronald Karczewski©'s
liability to
the Oregon State Statutes and DMV licensing regulations, moments after
Secured Party
had spoken to Judge ALAN HERBERT COON earlier in court, I, Raymond
Ronald
Karczewski© do hereby lay claim of
Total $3,000,000.00
Claim 5
For the crimes of Identity Theft: Unauthorized use, as
well as unauthorized retention, of
fingerprints, thumbprints, in any form, and all records, record
numbers, and information
pertaining thereto, regarding Debtor, I, Raymond Ronald Karczewski©
do hereby lay
claim of
Total $2,000,000.00 .
Claim 6
For the tort of Detriment of Character/name defamed: Damages
based on emotional
stress, pain and suffering, ill health, and other life-diminishing
influences, damaged
reputation/good will, I, Raymond Ronald Karczewski©
do hereby
lay claim of
Total $3,000,000.00
Claim 7
For the crime of Obstruction of Justice: Josephine County District
Attorney CLAY
EDWARD JOHNSON'S dishonor/default in twice failing to respond
to and/or provide
proofs of claim by sworn affidavit regarding defendant's liability
to Oregon DMV Statutes
via separate requests by Secured Party Creditor Raymond Ronald Karczewski©
dated
Nov. 8, 2002 and Jan. 20, 2003. Instead, District
Attorney JOHNSON sought to
intimidate, harass, and silence Raymond Ronald Karczewski©
by engaging the
Department of Justice and State Police Investigators to investigate
him for the crime of
"simulation of a legal process", i.e. PAPER TERRORISM, I, Raymond
Ronald
Karczewski© do hereby lay claim of
Total $2,000,000.00
Claim 8
For the tort of Malfeasance: Josephine County District
Attorney CLAY EDWARD
JOHNSON'S refusal to act upon the criminal complaints filed with him
by Raymond
Ronald Karczewski©, against Deputy Sheriff MICHAEL
SHANE BURKE and other
Josephine County Deputy Sheriffs regarding the crimes stated in B 1,
I, Raymond Ronald
Karczewski© do hereby lay claim of
Total $2,000,000.00
Claim 9
For the crime of Violation of Raymond Ronald Karczewski©'s
Civil Rights, Josephine
County Sheriff DAVID HUBERT DANIEL's lack of responsibility for
administrative
policies, training and supervision of his Agents/Deputies regarding
the
unlawful/unconstitutional acts perpetrated upon the natural person
of the Secured
Party/Creditor for the Debtor Juristic Defendant, RAYMOND RONALD
KARCZEWSKI©, by his Agents/Deputies. Sheriff
DAVID HUBERT DANIEL's failure
to perform his sworn duties according to his sworn OATH OF OFFICE,
I, Raymond
Ronald Karczewski© do hereby lay claim of
Total $2,000,000.00
Claim 10
For the crime of Violation of Civil Rights: Deputy Director LORNA
YOUNGS, ODOT
Deputy Director, DEPARTMENT OF MOTOR VEHICLES, for her lack of
responsibility for the administrative policies, training, and supervision
of DMV personnel
and the dissemination of Fraudulent Information on Statewide police
computers regarding
false information regarding suspension status of Raymond Ronald Karczewski©
when no
such license/contract existed between Raymond Ronald Karczewski©
and
the State of
Oregon, I, Raymond Ronald Karczewski© do hereby
lay claim of Total
$2,000,000.00
Total $21,600,000.00
Secured Party, Creditor, Claimant Raymond Ronald Karczewski©
demands the sum of
Twenty One Million, Six Hundred Thousand U.S. Dollars ($21,600,000.00)
for damages
in compensation for injuries received by Raymond Ronald Karczewski©
at the hands of
the above mentioned PERSONS operating in their elected, appointed and
employed
capacities at the State and County Levels of Oregon government as set
forth above.
Said claim/notice includes claims for the violation of civil rights
under the Constitution of
the United States of America, Amendments I, IV, V, VI, VIII, pursuant
to 42 USC, 1983
and 1988, and claims for the violation of rights under the Constitution
of the State of
Oregon Article I, Sections 9, 10, 11, 16, plus claims for damages as
enumerated above.
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, and, 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 Twenty Third Day of the Sixth Month in the
Year of Our Lord Two
Thousand and Three
____________________________________________________________
Raymond Ronald Karczewski©, Secured Party/Creditor,
Claimant
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: _______________________
1cc: JOSEPHINE COUNTY Board of Commissioners