Mr. ALLEN B. deSCHWEINITZ
June 5, 2003
deSCHWEINITZ & HAMILTON
Attorneys At Law
821 E. Jackson Street
Medford, Oregon 97504
Josephine County Court
Re: CASE NO 02-CR-0617
AFFIDAVIT /REQUEST FOR PROOF OF CLAIM
U.S.P.O. Registered Mail Article No. RR463870619US
Mr. deSCHWEINITZ,
In your letter of June 3, 2003, you state,
"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."
Mr. deSCHWEINITZ, in your capacity as
negotiator/investigator for tort claims filed with the
COUNTY OF JOSEPHINE, your investigation at the present time lacks the
proof required to
back up your conclusion that my rights have not been violated. Until
your investigation can
produce the actual person(s) pressing the claim against me, either
in their name or any alleged
name other than their own, who will swear under oath as to the actual
damages he is pressing, my
rights have indeed been violated by JOSEPHINE COUNTY agents or employees.
Here is the list of proofs of claim previously
presented to, and evaded by JOSEPHINE
COUNTY DISTRICT ATTORNEY CLAY E. JOHNSON. All proofs of claim have
gone
unanswered. Mr. JOHNSON is in default through his steadfast refusal
to produce the necessary
proofs of claim against this living, breathing, flesh-and-blood, sentient
natural man; a natural man
who was kidnapped at gunpoint by agents/employees of JOSEPHINE COUNTY
and held hostage
for a total of 35 days for the perceived crimes of another.
With all due respect, sir, until you can clear up
this unlawful behavior by agents and employees
of the STATE OF OREGON and COUNTY OF JOSEPHINE, and the violation of
their Oath of
Office in their refusal to uphold the U.S. Constitution and do the
jobs they have been put into
office by the Taxpayers of JOSEPHINE COUNTY to do, your investigation
reveals itself to be
bogus at best and incomplete at least.
Please establish the following proofs of claims in
your investigation. If you cannot, then the
claim that my rights have been violated by agents and employees of
JOSEPHINE COUNTY
OREGON must stand and damages stated in the Tort Claim filed with the
COUNTY OF
JOSEPHINE be satisfied.
~~~~~~~~~~~~~~~~~
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.
In the interest of Justice and to satisfy the Taxpayers
of the STATE OF OREGON and
COUNTY OF JOSEPHINE as to how their public servants spend their money,
please address
each of these points.
Failure to do so within 10 days from this date will result in additional
default and damages as
stated in the Tort Claim.
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 Fifth 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