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, ) NOTICE OF MOTION AND
) MOTION TO STAY PROCEEDINGS
v. ) PENDING DISCOVERY OF DOCUMENTS
) REQUESTED UNDER THE FOIA:
United States, )
Internal Revenue Service, and ) 5 U.S.C. 552(a)(4)(B), 3331;
Gavin Chafin, ) 28 U.S.C. 541, 544, 547,
) 1346(a)(1), 1652, 1746(1),
Defendants. ) 2402; 31 C.F.R. 51.2, 52.2
________________________________)
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 move this honorable Court for a stay
of further proceedings, pending formal discovery of newly found
evidence, recently and properly requested under the Freedom of
Information Act ("FOIA"). See 5 U.S.C. 552(a)(4)(B), in chief.
Plaintiff has filed, concurrently with the instant MOTION, a
formal NOTICE AND DEMAND FOR MANDATORY JUDICIAL NOTICE of the
several FOIA requests which Plaintiff has submitted to the
respective disclosure officers of the agencies named.
Motion to Stay Proceedings Pending Discovery under FOIA:
Page 1 of 6
Pursuant to Rule 201(d) of the Federal Rules of Evidence,
the term "shall" as used therein has a mandatory, imperative
meaning, over which this honorable Court has no discretion
whatsoever. Confer at "Shall" in Black's Law Dictionary, Sixth
Edition (with pronunciations).
Plaintiff now alleges, and makes a formal offer to prove,
that the named defendants Internal Revenue Service (hereinafter
"IRS") and Gavin Chafin ("Chafin"), have not made proper
appearances to date, because there is no evidence in the official
record of the instant case that the Office of the United States
Attorney has been granted any lawful Power(s) of Attorney to
represent either party (IRS or Chafin). See, in pari materia,
the statutory Power of Attorney granted at 28 U.S.C. 547(2).
Plaintiff hereby specifically denies that Defendant Chafin
is a duly authorized collector or other officer, as those terms
are used in 28 U.S.C. 547(3). It is primarily for this reason
that Plaintiff has now requested Chafin's credentials by means of
a proper request submitted under the FOIA. See companion NOTICE
AND DEMAND filed concurrently with the instant MOTION.
Plaintiff's proper and timely FOIA request to the
Commissioner of Internal Revenue ("CIR"), for a certified copy of
the CIR's executed Agreement on Coordination of Tax
Administration with the Commonwealth (or State) of Pennsylvania,
is expected to provide this honorable Court with crucial evidence
of the true organizational identity and legal situs of defendant
IRS. Plaintiff is presently in possession of an uncertified
photocopy of the comparable Agreements between defendant IRS and
the states of Oklahoma and Connecticut.
Motion to Stay Proceedings Pending Discovery under FOIA:
Page 2 of 6
Until such time as the CIR has produced said Agreement and
Plaintiff has entered a certified copy of same into the official
record, this Court is denied crucial evidence which Plaintiff
argues is necessary to establish, as a matter of fact, whether or
not defendant IRS has designated agents properly to represent IRS
before this honorable Court.
By way of carrying Plaintiff's burden of proving probable
fraud upon this honorable Court by defendant IRS, particularly in
the matter of its legal representation before this Court,
Plaintiff respectfully requests formal judicial Notice of Title
31, United States Code ("U.S.C."), in toto, as conclusive
evidence that defendant IRS is not a bureau, organization, or
department within the United States Department of the Treasury.
Title 31, U.S.C., has been enacted into positive law. See rules
for conclusive and prima facie evidence of the law in Title 1,
U.S.C. in toto. Title 26 has not been enacted into positive law.
The only mention of defendant IRS anywhere in Title 31,
U.S.C., is the authority granted to the President to appoint a
General Counsel to the IRS. Neither has said General Counsel,
nor has the General Counsel's duly authorized delegate, made any
appearance(s) before this Court on behalf of defendant IRS. The
office of the United States Attorney is not currently a duly
authorized delegate of the General Counsel for the IRS.
On a more fundamental level, Plaintiff has also submitted
proper and timely FOIA requests for the requisite credentials of
certain government actors who have, to date, touched the instant
case in one way or another. See 28 U.S.C. 544, 5 U.S.C. 3331.
See also Historical and Statutory Notes under 28 U.S.C. 541 with
respect to the term "learned in law".
Motion to Stay Proceedings Pending Discovery under FOIA:
Page 3 of 6
If the person(s) claiming to occupy duly authorized offices
within the Office of the United States Attorney have, in fact,
failed to execute an Appointment Affidavit, pursuant to the Oath
of Office provision as codified at 5 U.S.C. 3331, then another
serious fraud has been committed upon this honorable Court.
Said fraud is proven by the false appearances which have
been made on behalf of defendants United States, IRS, and Chafin
by persons claiming to be, but not lawfully being, in duly
delegated offices within the Office of the U.S. Attorney.
Plaintiff hereby alleges further probable fraud in the
Agreement on Coordination of Tax Administration, consummated
between defendant IRS and the Commonwealth (or State) of
Pennsylvania, and now in force, and offers to prove same by means
of document(s) properly requested under the FOIA (see supra).
NOTICE OF INTENT
Plaintiff hereby notifies all interested party(s), and
requests mandatory judicial Notice by this Court, of Plaintiff's
intention to compel production of a certified copy of said
Agreement from the Commonwealth (or State) of Pennsylvania, and
to enter same into evidence in the instant case, in order to
confirm whether or not the latter Agreement is one and the same
as the corresponding Agreement requested from the CIR under FOIA.
Plaintiff is presently investigating the pertinent state
discovery statutes to compel production of the latter Agreement,
and needs additional time to complete this investigation and to
import said statutes under authority of 28 U.S.C. 1652: State
laws as rules of decision. See Full Faith and Credit Clause.
Motion to Stay Proceedings Pending Discovery under FOIA:
Page 4 of 6
Plaintiff also respectfully requests mandatory judicial
Notice by this honorable Court, and provides formal Notice to all
interested party(s), of Plaintiff's intent, expressed hereby, to
invoke the original jurisdiction of the District Court of the
United States ("DCUS"), pursuant to 5 U.S.C. 552(a)(4)(B), to
compel production of documents properly requested under the FOIA,
and to enjoin the improper withholding of same by the agency(s)
in question, in the event that said agency(s) should fail to
produce certified copies of the documents requested.
REMEDY REQUESTED
Wherefore, all premises having been duly considered by this
honorable Court, Plaintiff respectfully requests an immediate
stay of further proceedings in this forum, pending discovery of
admissible documents concurrently requested under the FOIA.
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" (federal government), that the above
statement of facts is true and correct, to the best of My current
information, knowledge, and belief, so help Me God, pursuant to
28 U.S.C. 1746(1). See Supremacy Clause.
Dated: August 8, 1997
Respectfully submitted,
/s/ Karl Kleinpaste
______________________________________________
Karl Frank Kleinpaste, Sui Juris
Citizen of Pennsylvania state
(expressly not a citizen of the United States)
Motion to Stay Proceedings Pending Discovery under FOIA:
Page 5 of 6
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):
NOTICE OF MOTION AND MOTION TO STAY PROCEEDINGS
PENDING DISCOVERY OF DOCUMENTS REQUESTED UNDER FOIA:
5 U.S.C. 552(a)(4)(B), 3331;
28 U.S.C. 541, 544, 547, 1346(a)(1), 1652, 1746(1), 2402;
31 C.F.R. 51.2, 52.2
by placing one true and correct copy of said document(s) in first
class U.S. Mail, with postage prepaid and properly addressed to:
R. Scott Clarke
U.S. Department of Justice
c/o P.O. Box 227
Ben Franklin Station
Washington [zip code exempt]
DISTRICT OF COLUMBIA
General Counsel
Internal Revenue Service
1111 Constitution Avenue, N.W.
Washington [zip code exempt]
DISTRICT OF COLUMBIA
Gavin Chafin
Internal Revenue Service
c/o 213 Executive Drive
Cranberry Township [zip code exempt]
PENNSYLVANIA STATE
[See USPS Publication #221 for addressing instructions.]
Dated: August 8, 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
Motion to Stay Proceedings Pending Discovery under FOIA:
Page 6 of 6
# # #
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Kleinpaste v. U.S. et
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