Karl Kleinpaste, Sui Juris
Citizen of Pennsylvania state
c/o general delivery
Penn Hills, Pennsylvania state
In Propria Persona
All Rights Reserved
without prejudice
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF PENNSYLVANIA
Karl Frank Kleinpaste, ) Civil Action No. 97-0884
)
Plaintiff, ) FIRST NOTICE AND DEMAND FOR
) MANDATORY JUDICIAL NOTICE:
v. )
) Rule 201(d),
United States, ) Federal Rules of Evidence;
Internal Revenue Service, and ) 5 U.S.C. 552(a)(4)(B)
Gavin Chafin, )
)
Defendants. )
________________________________)
COMES NOW Karl Frank Kleinpaste, Sui Juris, Citizen of
Pennsylvania state, expressly not a citizen of the United States
("federal citizen"), and Plaintiff in the above entitled matter
(hereinafter "Plaintiff"), to provide formal Notice to all
interested parties, and to demand mandatory judicial Notice by
this honorable Court, pursuant to Rule 201(d) of the Federal
Rules of Evidence, of Plaintiff's several Freedom of Information
Act ("FOIA") requests, dated and mailed Thursday, August 7, 1997,
via first class United States Mail. True and correct copies of
said FOIA requests are attached hereto and incorporated by
reference as if set forth fully herein.
First Notice and Demand for Mandatory Judicial Notice:
Page 1 of 15
c/o general delivery
Penn Hills [zip code exempt]
PENNSYLVANIA STATE
August 7, 1997
FREEDOM OF INFORMATION ACT REQUEST
Disclosure Officer
Office of the Attorney General
Department of Justice
10th and Constitution, N.W.
Washington, D.C.
Subject: Credentials of "R. Scott Clarke" [sic]
"Trial Attorney, Tax Division" [sic]
U.S. Department of Justice
Washington, D.C.
Dear Disclosure Officer:
This is a request under the Freedom of Information Act, 5 U.S.C.
552 et seq., and regulations thereunder. This is My firm promise
to pay fees and costs for locating, duplicating, and mailing to
Me certified copies of the records requested below.
If some of this request is exempt from release, please furnish Me
with those portions reasonably segregable. I am requiring
certified copies of the documents requested, in lieu of personal
inspection of same.
Admissible documents requested:
1. Certified copy of the solemn oath of office of R. Scott
Clarke, as required by 5 U.S.C. 3331 and by Article VI,
Clause 3, of the Constitution for the United States of
America, as lawfully amended.
2. Certified copy of his fidelity bond or surety bond.
3. Certified copy of his Appointment Affidavit, signed and
witnessed, for the position he currently claims to
occupy. (This is an OMB-approved form.)
4. Certified copy of the formal delegation of authority,
beginning with the President, through the Attorney
General, linking all officials in the chain of command
between them and the position he currently claims to
occupy.
5. Certified copy of his license to practice law in the
State of Pennsylvania, if any.
The requested records are not exempt from disclosure because
they:
First Notice and Demand for Mandatory Judicial Notice:
Page 2 of 15
(A) could not reasonably be expected to interfere with law
enforcement proceedings;
(B) would not deprive a person of a right to a fair trial
or an impartial adjudication;
(C) could not reasonably be expected to constitute an
unwarranted invasion of personal property;
(D) could not reasonably be expected to disclose the
identity of a confidential source;
(E) would not disclose techniques and procedures for law
enforcement investigations or prosecutions, and would
not disclose guidelines for law enforcement
investigations or prosecutions;
(F) could not reasonably be expected to endanger the life
or physical safety of any individual.
[see Exemption 7 in FOIA]
If you are not the correct person to whom this Freedom of
Information Act Request should be directed, kindly forward it to
the correct person.
Time is of the essence. If you have any questions about your
rights and obligations under 5 U.S.C. 552, may we recommend that
you contact the offices of the Attorney General, or the Solicitor
General, in Washington, D.C., for immediate assistance.
Please see U.S. Postal Service Publication #221 for addressing
instructions.
Thank you very much for your consideration, and for your timely
obedience to the controlling laws in this matter, specifically
the Freedom of Information Act and the Constitution for the
United States of America, as lawfully amended.
Respectfully submitted,
/s/ Karl Kleinpaste
Karl Kleinpaste, Sui Juris
Citizen of Pennsylvania state
(expressly not a citizen of the United States)
all Rights reserved without prejudice
copy: R. Scott Clarke
Trial Attorney, Tax Division
U.S. Department of Justice
c/o P.O. Box 227, Ben Franklin Station
Washington 20044/tdc
DISTRICT OF COLUMBIA
[Please see USPS Publication #221 for addressing instructions.]
First Notice and Demand for Mandatory Judicial Notice:
Page 3 of 15
c/o general delivery
Penn Hills [zip code exempt]
PENNSYLVANIA STATE
August 7, 1997
FREEDOM OF INFORMATION ACT REQUEST
Disclosure Officer
Commissioner of Internal Revenue
1111 Constitution Avenue, N.W.
Washington 20224/tdc
DISTRICT OF COLUMBIA
Dear Disclosure Officer:
This is a request under the Freedom of Information Act, 5 U.S.C.
552 et seq., and regulations thereunder. Please provide first an
estimate of the cost to answer this request, if the cost should
exceed $25.
If some of this request is exempt from release, please furnish Me
with those portions reasonably segregable. I am requiring
certified copies of the documents requested, in lieu of personal
inspection of same.
Admissible documents requested:
1. Certified copy of executed Agreement on Coordination of
Tax Administration between the Internal Revenue Service
and the Commonwealth (or State) of Pennsylvania.
The requested records are not exempt from disclosure because
they:
(A) could not reasonably be expected to interfere with law
enforcement proceedings;
(B) would not deprive a person of a right to a fair trial
or an impartial adjudication;
(C) could not reasonably be expected to constitute an
unwarranted invasion of personal property;
(D) could not reasonably be expected to disclose the
identity of a confidential source;
(E) would not disclose techniques and procedures for law
enforcement investigations or prosecutions, and would
not disclose guidelines for law enforcement
investigations or prosecutions;
(F) could not reasonably be expected to endanger the life
or physical safety of any individual.
[see Exemption 7 in FOIA]
First Notice and Demand for Mandatory Judicial Notice:
Page 4 of 15
Under the common law, and under commercial law, we are all equal
before the law. This maxim is fundamental.
If you are not the correct person to whom this Freedom of
Information Act Request should be directed, kindly forward it to
the correct person.
Time is of the essence. If you have any questions about your
rights and obligations under 5 U.S.C. 552, may we recommend that
you contact the offices of the Attorney General, or the Solicitor
General, in Washington, D.C., for immediate assistance.
Thank you very much for your consideration, and for your timely
obedience to the controlling laws in this matter, specifically
the Freedom of Information Act and the Constitution for the
United States of America, as lawfully amended.
Respectfully submitted,
/s/ Karl Kleinpaste
Karl Kleinpaste, Sui Juris
Citizen of Pennsylvania state
(expressly not a citizen of the United States)
all Rights reserved without prejudice
copy: District Director
Internal Revenue Service [sic]
c/o 11601 Roosevelt Boulevard
Philadelphia [zip code exempt]
PENNSYLVANIA STATE
copy: Gavin Chafin
Internal Revenue Service [sic]
Examination Division [sic]
Cranberry Corporate Center
c/o 213 Executive Drive
Cranberry Township [zip code exempt]
PENNSYLVANIA STATE
copy: Wendy Rader
Problem Resolution Officer [sic]
Internal Revenue Service [sic]
c/o P.O. Box 6073
Philadelphia [zip code exempt]
PENNSYLVANIA STATE
[Please see USPS Publication #221 for addressing instructions.]
First Notice and Demand for Mandatory Judicial Notice:
Page 5 of 15
c/o general delivery
Penn Hills [zip code exempt]
PENNSYLVANIA STATE
August 7, 1997
FREEDOM OF INFORMATION ACT REQUEST
Disclosure Officer
"Internal Revenue Service" [sic]
c/o 11601 Roosevelt Boulevard
Philadelphia [zip code exempt]
PENNSYLVANIA STATE
Subject: Credentials of "Gavin Chafin" [sic]
Examination Division
"Internal Revenue Service" [sic]
Cranberry Township, Pennsylvania state
Dear Disclosure Officer:
This is a request under the Freedom of Information Act, 5 U.S.C.
552 et seq., and regulations thereunder. This is My firm promise
to pay fees and costs for locating, duplicating, and mailing to
Me certified copies of the records requested below.
If some of this request is exempt from release, please furnish Me
with those portions reasonably segregable. I am requiring
certified copies of the documents requested, in lieu of personal
inspection of same.
Admissible documents requested:
1. Certified copy of the solemn oath of office of Gavin
Chafin, as required by 5 U.S.C. 3331 and by Article VI,
Clause 3, of the Constitution for the United States of
America, as lawfully amended.
2. Certified copy of his fidelity bond or surety bond.
3. Certified copy of his Appointment Affidavit, signed and
witnessed, for the position he currently claims to
occupy. (This is an OMB-approved form.)
4. Certified copy of the formal delegation of authority,
beginning with the President, through the Secretary of
the Treasury, linking all officials in the chain of
command between them and the position he currently
claims to occupy.
5. Certified copy of his license to practice law in the
State of Pennsylvania, if any.
The requested records are not exempt from disclosure because
they:
First Notice and Demand for Mandatory Judicial Notice:
Page 6 of 15
(A) could not reasonably be expected to interfere with law
enforcement proceedings;
(B) would not deprive a person of a right to a fair trial
or an impartial adjudication;
(C) could not reasonably be expected to constitute an
unwarranted invasion of personal property;
(D) could not reasonably be expected to disclose the
identity of a confidential source;
(E) would not disclose techniques and procedures for law
enforcement investigations or prosecutions, and would
not disclose guidelines for law enforcement
investigations or prosecutions;
(F) could not reasonably be expected to endanger the life
or physical safety of any individual.
[see Exemption 7 in FOIA]
If you are not the correct person to whom this Freedom of
Information Act Request should be directed, kindly forward it to
the correct person.
Time is of the essence. If you have any questions about your
rights and obligations under 5 U.S.C. 552, may we recommend that
you contact the offices of the Attorney General, or the Solicitor
General, in Washington, D.C., for immediate assistance.
Please see U.S. Postal Service Publication #221 for addressing
instructions.
Thank you very much for your consideration, and for your timely
obedience to the controlling laws in this matter, specifically
the Freedom of Information Act and the Constitution for the
United States of America, as lawfully amended.
Respectfully submitted,
/s/ Karl Kleinpaste
Karl Kleinpaste, Sui Juris
Citizen of Pennsylvania state
(expressly not a citizen of the United States)
all Rights reserved without prejudice
copy: Gavin Chafin
c/o 213 Executive Drive
Cranberry Township [zip code exempt]
PENNSYLVANIA STATE
[Please see USPS Publication #221 for addressing instructions.]
First Notice and Demand for Mandatory Judicial Notice:
Page 7 of 15
c/o general delivery
Penn Hills [zip code exempt]
PENNSYLVANIA STATE
August 7, 1997
FREEDOM OF INFORMATION ACT REQUEST
Disclosure Officer
"Internal Revenue Service" [sic]
c/o 11601 Roosevelt Boulevard
Philadelphia [zip code exempt]
PENNSYLVANIA STATE
Subject: Credentials of "Wendy Rader" [sic]
"Problem Resolution Officer" [sic]
"Internal Revenue Service" [sic]
Philadelphia, Pennsylvania state
Dear Disclosure Officer:
This is a request under the Freedom of Information Act, 5 U.S.C.
552 et seq., and regulations thereunder. This is My firm promise
to pay fees and costs for locating, duplicating, and mailing to
Me certified copies of the records requested below.
If some of this request is exempt from release, please furnish Me
with those portions reasonably segregable. I am requiring
certified copies of the documents requested, in lieu of personal
inspection of same.
Admissible documents requested:
1. Certified copy of the solemn oath of office of Wendy
Rader, as required by 5 U.S.C. 3331 and by Article VI,
Clause 3, of the Constitution for the United States of
America, as lawfully amended.
2. Certified copy of her fidelity bond or surety bond.
3. Certified copy of her Appointment Affidavit, signed and
witnessed, for the position she currently claims to
occupy. (This is an OMB-approved form.)
4. Certified copy of the formal delegation of authority,
beginning with the President, through the Secretary of
the Treasury, linking all officials in the chain of
command between them and the position she currently
claims to occupy.
5. Certified copy of her license to practice law in the
State of Pennsylvania, if any.
The requested records are not exempt from disclosure because
they:
First Notice and Demand for Mandatory Judicial Notice:
Page 8 of 15
(A) could not reasonably be expected to interfere with law
enforcement proceedings;
(B) would not deprive a person of a right to a fair trial
or an impartial adjudication;
(C) could not reasonably be expected to constitute an
unwarranted invasion of personal property;
(D) could not reasonably be expected to disclose the
identity of a confidential source;
(E) would not disclose techniques and procedures for law
enforcement investigations or prosecutions, and would
not disclose guidelines for law enforcement
investigations or prosecutions;
(F) could not reasonably be expected to endanger the life
or physical safety of any individual.
[see Exemption 7 in FOIA]
If you are not the correct person to whom this Freedom of
Information Act Request should be directed, kindly forward it to
the correct person.
Time is of the essence. If you have any questions about your
rights and obligations under 5 U.S.C. 552, may we recommend that
you contact the offices of the Attorney General or the Solicitor
General, in Washington, D.C., for immediate assistance.
Please see U.S. Postal Service Publication #221 for addressing
instructions.
Thank you very much for your consideration, and for your timely
obedience to the controlling laws in this matter, specifically
the Freedom of Information Act and the Constitution for the
United States of America, as lawfully amended.
Respectfully submitted,
/s/ Karl Kleinpaste
Karl Kleinpaste, Sui Juris
Citizen of Pennsylvania state
(expressly not a citizen of the United States)
all Rights reserved without prejudice
copy: Wendy Rader
Problem Resolution Officer
"Internal Revenue Service" [sic]
c/o P.O. Box 6073
Philadelphia [zip code exempt]
PENNSYLVANIA STATE
[Please see USPS Publication #221 for addressing instructions.]
First Notice and Demand for Mandatory Judicial Notice:
Page 9 of 15
c/o general delivery
Penn Hills [zip code exempt]
PENNSYLVANIA STATE
August 7, 1997
FREEDOM OF INFORMATION ACT REQUEST
Disclosure Officer
Office of the Attorney General
Department of Justice
10th and Constitution, N.W.
Washington, D.C.
Subject: Credentials of "Frederick W. Thieman" [sic]
"United States Attorney" [sic]
U.S. Department of Justice
Pittsburgh, Pennsylvania state
Dear Disclosure Officer:
This is a request under the Freedom of Information Act, 5 U.S.C.
552 et seq., and regulations thereunder. This is My firm promise
to pay fees and costs for locating, duplicating, and mailing to
Me certified copies of the records requested below.
If some of this request is exempt from release, please furnish Me
with those portions reasonably segregable. I am requiring
certified copies of the documents requested, in lieu of personal
inspection of same.
Admissible documents requested:
1. Certified copy of the solemn oath of office of
Frederick W. Thieman, as required by 5 U.S.C. 3331 and
by Article VI, Clause 3, of the Constitution for the
United States of America, as lawfully amended.
2. Certified copy of his fidelity bond or surety bond.
3. Certified copy of his Appointment Affidavit, signed and
witnessed, for the position he currently claims to
occupy. (This is an OMB-approved form.)
4. Certified copy of the formal delegation of authority,
beginning with the President, through the Attorney
General, linking all officials in the chain of command
between them and the position he currently claims to
occupy.
5. Certified copy of his license to practice law in the
State of Pennsylvania, if any.
The requested records are not exempt from disclosure because
they:
First Notice and Demand for Mandatory Judicial Notice:
Page 10 of 15
(A) could not reasonably be expected to interfere with law
enforcement proceedings;
(B) would not deprive a person of a right to a fair trial
or an impartial adjudication;
(C) could not reasonably be expected to constitute an
unwarranted invasion of personal property;
(D) could not reasonably be expected to disclose the
identity of a confidential source;
(E) would not disclose techniques and procedures for law
enforcement investigations or prosecutions, and would
not disclose guidelines for law enforcement
investigations or prosecutions;
(F) could not reasonably be expected to endanger the life
or physical safety of any individual.
[see Exemption 7 in FOIA]
If you are not the correct person to whom this Freedom of
Information Act Request should be directed, kindly forward it to
the correct person.
Time is of the essence. If you have any questions about your
rights and obligations under 5 U.S.C. 552, may we recommend that
you contact the offices of the Attorney General, or the Solicitor
General, in Washington, D.C., for immediate assistance.
Please see U.S. Postal Service Publication #221 for addressing
instructions.
Thank you very much for your consideration, and for your timely
obedience to the controlling laws in this matter, specifically
the Freedom of Information Act and the Constitution for the
United States of America, as lawfully amended.
Respectfully submitted,
/s/ Karl Kleinpaste
Karl Kleinpaste, Sui Juris
Citizen of Pennsylvania state
(expressly not a citizen of the United States)
all Rights reserved without prejudice
copy: Frederick W. Thieman [sic]
"United States Attorney" [sic]
Department of Justice
Federal Building, Room 633
Pittsburgh 15219/tdc
PENNSYLVANIA STATE
[Please see USPS Publication #221 for addressing instructions.]
First Notice and Demand for Mandatory Judicial Notice:
Page 11 of 15
c/o general delivery
Penn Hills [zip code exempt]
PENNSYLVANIA STATE
August 7, 1997
FREEDOM OF INFORMATION ACT REQUEST
Disclosure Officer
Office of the Attorney General
Department of Justice
10th and Constitution, N.W.
Washington, D.C.
Subject: Credentials of "Jessica L. Smolar" [sic]
"United States Attorney" [sic]
U.S. Department of Justice
Pittsburgh, Pennsylvania state
Dear Disclosure Officer:
This is a request under the Freedom of Information Act, 5 U.S.C.
552 et seq., and regulations thereunder. This is My firm promise
to pay fees and costs for locating, duplicating, and mailing to
Me certified copies of the records requested below.
If some of this request is exempt from release, please furnish Me
with those portions reasonably segregable. I am requiring
certified copies of the documents requested, in lieu of personal
inspection of same.
Admissible documents requested:
1. Certified copy of the solemn oath of office of Jessica
L. Smolar, as required by 5 U.S.C. 3331 and by Article
VI, Clause 3, of the Constitution for the United States
of America, as lawfully amended.
2. Certified copy of her fidelity bond or surety bond.
3. Certified copy of her Appointment Affidavit, signed and
witnessed, for the position she currently claims to
occupy. (This is an OMB-approved form.)
4. Certified copy of the formal delegation of authority,
beginning with the President, through the Attorney
General, linking all officials in the chain of command
between them and the position she currently claims to
occupy.
5. Certified copy of her license to practice law in the
State of Pennsylvania, if any.
The requested records are not exempt from disclosure because
they:
First Notice and Demand for Mandatory Judicial Notice:
Page 12 of 15
(A) could not reasonably be expected to interfere with law
enforcement proceedings;
(B) would not deprive a person of a right to a fair trial
or an impartial adjudication;
(C) could not reasonably be expected to constitute an
unwarranted invasion of personal property;
(D) could not reasonably be expected to disclose the
identity of a confidential source;
(E) would not disclose techniques and procedures for law
enforcement investigations or prosecutions, and would
not disclose guidelines for law enforcement
investigations or prosecutions;
(F) could not reasonably be expected to endanger the life
or physical safety of any individual.
[see Exemption 7 in FOIA]
If you are not the correct person to whom this Freedom of
Information Act Request should be directed, kindly forward it to
the correct person.
Time is of the essence. If you have any questions about your
rights and obligations under 5 U.S.C. 552, may we recommend that
you contact the offices of the Attorney General, or the Solicitor
General, in Washington, D.C., for immediate assistance.
Please see U.S. Postal Service Publication #221 for addressing
instructions.
Thank you very much for your consideration, and for your timely
obedience to the controlling laws in this matter, specifically
the Freedom of Information Act and the Constitution for the
United States of America, as lawfully amended.
Respectfully submitted,
/s/ Karl Kleinpaste
Karl Kleinpaste, Sui Juris
Citizen of Pennsylvania state
(expressly not a citizen of the United States)
all Rights reserved without prejudice
copy: Jessica L. Smolar [sic]
"Assistant United States Attorney" [sic]
Department of Justice
Federal Building, Room 633
Pittsburgh 15219/tdc
PENNSYLVANIA STATE
[Please see USPS Publication #221 for addressing instructions.]
First Notice and Demand for Mandatory Judicial Notice:
Page 13 of 15
VERIFICATION
I, Karl Frank Kleinpaste, Sui Juris, hereby verify, under penalty
of perjury, under the laws of the United States of America,
without the "United States", that the attached documents are true
and correct copies of the originals, with the sole exception of
the original blue-ink signatures, which signatures I hereby apply
to said documents by proxy, so help Me God, pursuant to 28 U.S.C.
1746(1). See Supremacy Clause.
Dated: August 7, 1997
Respectfully submitted,
/s/ Karl Kleinpaste
______________________________________________
Karl Frank Kleinpaste, Sui Juris
Citizen of Pennsylvania state
(expressly not a citizen of the United States)
All Rights Reserved without Prejudice
First Notice and Demand for Mandatory Judicial Notice:
Page 14 of 15
PROOF OF SERVICE
I, Karl Frank Kleinpaste, Sui Juris, hereby certify, under
penalty of perjury, under the laws of the United States of
America, without the "United States," 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):
FIRST NOTICE AND DEMAND FOR
MANDATORY JUDICIAL NOTICE:
Rule 201(d), Federal Rules of Evidence
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:
R. Scott Clarke
U.S. Department of Justice
c/o P.O. Box 227
Ben Franklin Station
Washington [zip code exempt]
DISTRICT OF COLUMBIA
Dated: August 7, 1997
/s/ Karl Kleinpaste
______________________________________________
Karl Frank Kleinpaste, Sui Juris
Citizen of Pennsylvania state
(expressly not a citizen of the United States)
All Rights Reserved without Prejudice
[See USPS Publication #221 for addressing instructions.]
First Notice and Demand for Mandatory Judicial Notice:
Page 15 of 15
# # #
Return to Table of Contents for
Kleinpaste v. U.S. et
al.