Raymond Ronald Karczewkiª
Secured Party/Creditor
In care of: PO Box 1870
Cave Junction, OR 97523
(541) 592-4244
March 3, 2003
Oregon Department of Administrative Services
Risk Management
Division
NOTICE OF TORT CLAIM
Attn: Gary
Weeks
1225 Ferry Street SE,
U150
Salem OR. 97301-4287
U.S.P.O Registered Mail Article
No
RR463804209US
Claimant: Raymond Ronald Karczewskiª
Date of Loss: September 5, 2002 through March 3, 2003
Dear Mr. Weeks,
A. Pursuant to ORS 30.265 (1)(f), Claimant, Raymond Ronald
Karczewski©, Secured
Party and Creditor to Debtor RAYMOND RONALD KARCZEWSKI©, Defendant
named in Criminal Case No: 02-CR-0617, Josephine County Circuit Court,
submits and
files this Claim for Damages as a matter of right, arising out of
violation to his person,
rights and property by those State and County Employees listed
below to wit:
Deputy Sheriff MICHAEL SHANE BURKE, I.D. 35672, Josephine County
Sheriff's
Department, Josephine County Courthouse, 500 NW 6th Street, Grants
Pass, OR 97526.
Sheriff DAVID HUBERT DANIEL, Josephine County Sheriff's Department,
Josephine
County Courthouse, 500 NW 6th Street, Grants Pass, OR 97526.
Judge ALAN HERBERT COON, Josephine County Circuit Court, Josephine
County
Courthouse, 500 NW 6th Street, Grants Pass, OR 97526.
District Attorney CLAY EDWARD JOHNSON, State of Oregon Justice
Department,
Josephine County Courthouse, 500 NW 6th Street, Grants Pass, OR
97526.
Deputy Director LORNA YOUNGS, ODOT Deputy Director, DMV, 1905 Lana
Avenue
NE, Salem, OR 97314.
AFFIDAVIT OF INJURY
I, Raymond Ronald Karczewski, the undersigned, do swear, declare and
depose:
1. That I am competent to state the matters set forth herein.
2. That I have personal knowledge of the facts stated herein.
3. That all the facts stated herein are true, correct and
certain, admissible as evidence,
and if called upon as a witness I will testify to their veracity.
B. Injury claims are based on:
1. Josephine County Deputy Sheriff MICHAEL SHANE BURKE'S,
and other Josephine
County Deputy Sheriffs, unlawful and unconstitutional armed assault,
violation of Civil
Rights, Extortion, Identity Theft, i.e. unauthorized use of copyrighted
Trade mark/
Tradename for purposes of making a claim without establishing
proof of defendant's
liability to State Statutes and/or Oregon Vehicle Code regulations,
Kidnapping, Robbery
at gunpoint, Falsification of Charges made by BURKE on
Affidavit/Citation, false arrest
and unlawful imprisonment in the Josephine County Jail for 35
days for the perceived
crimes of the Juristic Person/Debtor, RAYMOND RONALD KARCZEWSKI©.
2. False arrest: The unlawful arrest made upon Raymond
Ronald Karczewski©,
indemnified Secured Party and Creditor for Debtor RAYMOND RONALD
KARCZEWSKI©, named as Defendant in Court Case No. 02-CR-0617, via
Failure To
Appear arrest warrant issued by Judge ALAN HERBERT COON on September
12, 2002,
moments after Secured Party had spoken to Judge ALAN HERBERT COON
earlier in
court. Judge ALAN HERBERT COON's failure to perform his sworn
duties according to
his sworn OATH OF OFFICE.
3. False imprisonment: A Total of 35 days of solitary
confinement incarceration in the
Josephine County Adult Jail, resulting in a 33-day hunger strike by
Raymond Ronald
Karczewski© in protest thereof.
4. Violation of Due Process: Nine appearances before
the Court, two of which were
held in secret and not published, thus preventing public access to and
witnessing of
proceedings, violated the Constitutional Rights of Raymond Ronald
Karczewski©. At no
time did I, Raymond Ronald Karczewski©, waive my Constitutional
Rights, nor did I give
consent to do business with the court via contract, thereby conferring
jurisdiction to the
court. In seven of nine appearances, I directly challenged the
court to prove jurisdiction in
writing as per existing case law. The court steadfastly evaded
the issue of
jurisdiction/liability, pushing forward over the objections of this
living, breathing, flesh-
and-blood, sentient, natural man Raymond Ronald Karczewski©.
5 The court 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 Raymond
Ronald Karczewski© ever advised of, given knowledge of his
Constitutional Right to a
speedy trial, nor was he asked to WAIVE TIME, nor did the defendant
ever WAIVE
TIME in the nine appearances before the court.
6. Theft: Unauthorized impoundment and retention of the private
automobile of Raymond
Ronald Karczewskiª.
7. 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.
8. Detriment of Character/name defamed: Damages based on
emotional stress, pain and
suffering, ill health, and other life-diminishing influences,
damaged reputation/good will.
9. Obstruction of Justice: Josephine County District Attorney
CLAY EDWARD
JOHNSON'S dishonor/default in twice failing to respond to and/or prove
defendant's
liability to Statutes via two requests made by Raymond Ronald
Karczewskiª for Proof of
Claims, dated Nov. 8, 2002 and Jan. 20, 2003. Instead,
District Attorney JOHNSON
sought to silence Raymond Ronald Karczewskiª by engaging
Department of Justice and
State Police Investigators to investigate him for "simulation of legal
process", i.e. PAPER
TERRORISM.
10. Malfeasance: Josephine County District Attorney CLAY
EDWARD JOHNSON'S
refusal to act upon the criminal complaints filed with him by Raymond
Ronald,
Karczewskiª, against Deputy Sheriff MICHAEL SHANE BURKE and other
Josephine
County Deputy Sheriffs regarding the crimes stated in B 1.
11. Josephine County Sheriff DAVID HUBERT DANIEL's lack of taking
responsibility
for his administrative policies, training, and supervision of Deputies
under his command,
with regards to the unlawful/unconstitutional acts perpetrated by his
Agents/Deputies.
Sheriff DAVID HUBERT DANIEL's failure to perform his sworn duties
according to his
sworn OATH OF OFFICE.
12. Violation of Civil Rights: Deputy Director LORNA YOUNGS, ODOT
,
DEPARTMENT OF MOTOR VEHICLES, for her lack of taking responsibility for
the
administrative policies, training, and supervision of personnel under
her command
regarding the Fraudulent Information on Statewide police computers via
dissemination of
false data regarding the license suspension status of Raymond
Ronald Karczewskiª when
no such license/contract existed between Raymond Ronald
Karczewskiªand the State of
Oregon.
Dated this 3rd day of March, 2003.
I, Raymond Ronald Karczewski©, do hereby declare under penalty of
perjury under the
laws of Oregon that to the best of my knowledge the foregoing is true,
correct and
complete.
____________________________________________
Raymond Ronald Karczewski© Secured Party, Creditor, Claimant
C.
INTRODUCTION
On Thursday, September 5th, at approximately 12:10 AM while traveling
as a sovereign at
liberty, South on highway 199, West of the city of Grants Pass, in my
private automobile,
I was stopped by Deputy MICHAEL SHANE BURKE of the Josephine County
Oregon
Sheriff's Department.
My first comment to Deputy BURKE, in his acting as agent for the
corporate Josephine
County Government, was that "I DO NOT CONSENT TO DOING BUSINESS WITH
YOU." I had ended my previous contract for a driver license
with the State of Oregon on
my birthday, September 23,1999. It was then I notified
authorities that I, as a sovereign
common man, was reinstating my Unalienable Right to Liberty, which
includes the right to
travel freely upon the public roadways without a license if not engaged
in
commercial/business use of the highway.
When BURKE asked for driver's license, registration and proof of
insurance, I told him I
did not have nor was I required to have a contract with the State of
Oregon for a Driver's
License as I was traveling home in my private auto and was not engaged
in commerce
while using the public roadways. 16 C.J.S., Constitutional Law,
Sect.202, p.987;
Am.Jur. (1st) Constitutional Law, Sect.329, p.1135; Hale vs. Hinkel,
201 US 43, 74-
75. "Where rights secured by the Constitution are involved,
there can be no rule
making or legislation which would abrogate them." Miranda vs. Arizona,
384 US
436, 491; "The claim and exercise of a constitutional Right
cannot be converted
into a crime." Miller vs. U.S., 230 F. 486, 489.
Deputy BURKE demanded I produce the documents of registration and
proof of
insurance under threat of arrest. I advised him the documents
contained copyrighted
material and if he were to force me to surrender them, he would be
agreeing to
compensate me for the use of said common-law-copyrighted private
property. Through
threat of arrest, BURKE violated my Constitutional Rights under the
Fourth Amendment
re: Search and Seizure. I gave the documents to Deputy
BURKE. He returned to his
patrol car and issued a traffic citation. At no time did I accept
the citation, nor did it ever
attach to me. His citation subsequently listed three violations,
1. Driving with suspended
license (not true). 2. Driving while uninsured ( not true). 3. The high
beam violation - true
but inapplicable to a non-licensed common law traveler (where no harm
was inflicted upon
persons, property or rights -- no crime was committed). No proof
of this natural man's
liability was stated by BURKE on the Citation/Notice to appear.
That is the crux of this
Jurisdictional/Liability issue which the Josephine County Courts and
District Attorney's
office are refusing to address.
When BURKE called for a tow to impound my automobile, I advised him he
would have
to arrest me if the car was taken. On four occasions I asked
BURKE if I was under arrest.
He replied each time that I WAS NOT UNDER ARREST, but the car was going
to be
impounded, as the DMV computer showed my Driver's License was
suspended, even
though no such license existed at the time. I told BURKE if I was not
under arrest, I was
leaving with the automobile. BURKE stated that he would charge me
with "Felony
Eluding an Officer" if I did so. I told him to do what he will
do, and I will do what I will
do. I returned to the automobile, started it and proceeded at
approximately 10 to 15 mph
for a distance of approximately 150 yards.
When flashing lights and sirens of patrol cars blared, I immediately
pulled over and was
taken into custody at police gunpoint, laser pistol sights flashing in
my face, cuffed, and
transported to the Josephine County Jail.
I was incarcerated for 35 days total in solitary confinement cells at
the Josephine County
Adult Jail. See above claims.
AT NO TIME during my 35-day incarceration or since, have the Josephine
County Courts
and District Attorney CLAY E. JOHNSON, through his deputy district
attorneys
addressed the issue of Jurisdiction or proven Liability of this living,
breathing, flesh-and-
blood, sentient, natural person/man to the Oregon Statutes concerning
the Driver's License
Contract.
DAMAGES
Claim
1
In compensation for the incarceration of 35 days of solitary
confinement, I, Raymond
Ronald Karczewskiª, 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 Karczewskiª 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 Karczewskiª
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
Karczewskiª'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
Karczewskiª 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
Karczewskiª 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 Karczewskiª 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
Karczewskiª dated Nov.
8, 2002 and Jan. 20, 2003. Instead, District Attorney
JOHNSON sought to intimidate,
harass, and silence Raymond Ronald Karczewskiª 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
Karczewskiª 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 Karczewskiª, against Deputy Sheriff MICHAEL SHANE BURKE and
other
Josephine County Deputy Sheriffs regarding the crimes stated in B 1,
I, Raymond Ronald
Karczewskiª do hereby lay claim
of
Total $2,000,000.00
Claim 9
For the crime of Violation of Raymond Ronald Karczewskiª'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
KARCZEWSKIª, 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 Karczewskiª 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
Karczewskiª when no such
license/contract existed between Raymond Ronald Karczewskiªand the
State of Oregon, I,
Raymond Ronald Karczewskiª do hereby lay claim
of
Total $2,000,000.00
Total $21,600,000.00
Secured Party, Creditor, Claimant Raymond Ronald Karczewskiª
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
Karczewskiª 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.
I, Raymond Ronald Karczewskiª, do hereby declare under penalty of
perjury, I make the
foregoing claims for compensation of injuries suffered and for no other
reason and to the
best of my knowledge the foregoing is true, correct and complete.
Respectfully submitted
_____________________________________
Secured Party, Creditor, Claimant
Copy to: Josephine County Commissioners
Attachments:
Copy: AFFIDAVIT/JUDICIAL NOTICE BY VISITATION
REGARDING
NOTICE OF DEFAULT - dated February 20, 2003
Copy: UCC-1 Financing Statement for Debtor
RAYMOND RONALD
KARCZEWSKIª establishing Raymond Ronald
Karczewskiª as Secured Party
Creditor.
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: _______________________