IN THE DISTRICT COURT FOR BLACK HAWK COUNTY

STATE OF IOWA* Alleged Case No: 01071 STA0223436

without benefit of counsel* Cit No: P09 4MUE 221011 170325 4

vs.

Kloe Elizabeth Schmidt

A minor, represented by father, Keith J. Schmidt

*presumed; no proper case commencement paperwork served

SPECIAL APPEARANCE AND MOTION TO DISMISS

LACK OF PERSONAL JURISDICTION, LACK OF SUBJECT MATTER
JURISDICTION

Comes now, undersigned, at arm's length to the Court, hereby “Special Appearance”, for the sole

purpose of challenging the Court’s jurisdiction, moves this Court to dismiss under the authority

of the State of Iowa Constitution, State of Iowa Laws and Procedures, for violation of rights, lack

of Personal Jurisdiction and lack of Subject Matter Jurisdiction

State of Iowa Constitution: Section 1. Rights of persons. All men and women are, by
nature, free and equal, and have certain inalienable rights — among which are those of
enjoying and defending life and liberty, acquiring, possessing and protecting property,
and pursuing and obtaining safety and happiness.

"Personal liberty largely consists of the Right of locomotion -- to go where and when one
pleases -- only so far restrained as the Rights of others may make it necessary for the
welfare of all other citizens. The Right of the Citizen to travel upon the public highways
and to transport his property thereon, by horsedrawn carriage, wagon, or automobile, is
not a mere privilege which may be permitted or prohibited at will, but the common Right
which he has under his Right to life, liberty, and the pursuit of happiness. Under this
Constitutional guarantee one may, therefore, under normal conditions, travel at his
inclination along the public highways or in public places, and while conducting himself in
an orderly and decent manner, neither interfering with nor disturbing another's Rights, he
will be protected, not only in his person, but in his safe conduct." American Jurisprudence
1st. Constitutional Law, Sect.329, p 1135.

pg. 1
 "Complete freedom of the highways is so old and well established a blessing that we have
forgotten the days of the Robber Barons and toll roads, and yet, under an act like this,
arbitrarily administered, the highways may be completely monopolized, if, through lack
of interest, the people submit, then they may look to see the most sacred of their liberties
taken from them one by one, by more or less rapid encroachment." -Robertson vs.
Department of Public Works, 180 Wash 133,147

Motor vehicle registration is a traditional government function. Because the operation of

a motor vehicle is a privilege, the legislature of each state may, in the exercise of the
police power, enact reasonable regulations requiring the licensing or registration of
motor vehicles, including the private motor carriers of property, and public or common
carriers of persons or property. 7A Am. Jur. 2d Automobiles § 60 Power of state to
license or tax, generally

1. It is a FACT that “Personal liberty” includes the right and freedom of locomotion.

2. It is a FACT that Kloe E. Schmidt was not engaged in “Transportation”

3. It is a FACT that Kloe E. Schmidt was not transporting of any persons, passengers or

property, or any combination thereof.

4. It is a FACT that Kloe E. Schmidt was not engaged in “commerce”.

5. It is a FACT that Kloe E. Schmidt was not traveling under her “license” when State

Patrol Mueller seized her liberty.

6. It is a FACT that Kloe E. Schmidt was not an “operator” when State Patrol Mueller

seized her liberty.

7. It is a FACT that Kloe E. Schmidt was not using the highway as a matter of privilege

that could be regulated by the DOT or DPS.

8. It is a FACT that Keith J. Schmidt was a part of the conversation and spoke with State

Patrol Mueller.

9. It is a FACT that Keith J. Schmidt is the absolute owner of the car Kloe E. Schmidt was

in.

pg. 2
10. It is a FACT said car is NOT owned by any corporation, association, partnership,
company, firm, or other aggregation of individuals.
11. Thus, the violation State Patrol Mueller cited, “operating a non-registered vehicle – Sec#
321.17 does not apply to Kloe E. Schmidt or the car she was in.
State of Iowa Constitution: Sec. 8. Personal security — searches and seizures. The right
of the people to be secure in their persons, houses, papers and effects, against
unreasonable seizures and searches shall not be violated; and no warrant shall issue but
on probable cause, supported by oath or affirmation, particularly describing the place to
be searched, and the persons and things to be seized.
State of Iowa Constitution: Sec. 9. Right of trial by jury — due process of law. The right
of trial by jury shall remain inviolate; but the general assembly may authorize trial by a
jury of a less number than twelve men in inferior courts; but no person shall be
deprived of life, liberty, or property, without due process of law.
State of Iowa Constitution: ARTICLE III. OF THE DISTRIBUTION OF POWERS.
1ST. THREE SEPARATE DEPARTMENTS: Section 1. Departments of government.
The powers of the government of Iowa shall be divided into three separate departments
— the legislative, the executive, and the judicial: and no person charged with the
exercise of powers properly belonging to one of these departments shall exercise
any function appertaining to either of the others, except in cases hereinafter expressly
directed or permitted.

12. It is a FACT that State Patrol Mueller seized Kloe E. Schmidt of her liberty of free

locomotion.

13. It is a FACT that State Patrol Mueller is employed under the DPS (Part of the Executive

Department).

14. It is a FACT that State Patrol Mueller does not have JUDICIAL power or authority.

15. It is a FACT that State Patrol Mueller made a JUDICAL determination, claiming the

code cited pertained to Kloe E. Schmidt.

16. It is a FACT that State Patrol Mueller made a JUDICAL determination to “summons”

Kloe E. Schmidt to appear before this court.

pg. 3
17. If true, that State Patrol Mueller, who is under the Executive Department, was indeed

exercising Judicial authority; he would be in violation of Article III of the State of Iowa

Constitution – Distribution of Powers.

18. It is a FACT that Kloe E. Schmidt was forced by State Patrol Mueller to associate and

contact this court.

19. When a cause of action is created by statute, there must be a party with standing in the

matter.

20. It is a FACT that State Patrol Mueller was not directly, injuriously affected by this

matter.

21. The State of Iowa (fictious plaintiff) does not have Standing in this matter.

22. Thus, this court lacks Subject Matter Jurisdiction because there is no party with Standing

in this matter.

23. It is a FACT that the court failed to issue service of process to Kloe Elizabeth Schmidt

pursuant to State of Iowa Law.

24. It is a FACT that the Plaintiff failed to provide Kloe Elizabeth Schmidt Service of

Process pursuant to State of Iowa Law.

25. It is a FACT that the plaintiff failed to return service of process to the court pursuant to

State of Iowa Law.

26. It is a FACT that Kloe Elizabeth Schmidt never waived the defects in the Service of

Process.

“Jurisdiction of the person, on the other hand, may be created by the consent of a party,
who thereby waives any objection to defects in the process by which he is brought before
the court”. Crown Construction v. Neifeld v. Steinberg, 438 F. 2d 423 (3d Cir.
1971); 21 Am. Jur. 2d, Criminal Law § 379 (1968)

27. It is a FACT that Kloe Elizabeth Schmidt never granted the court Personal Jurisdiction.

pg. 4
 28. Thus, this court has been deprived of Personal Jurisdiction by failing to properly issue

due Process to Kloe Elizabeth Schmidt pursuant to a valid Summons.

29. It is a FACT that the plaintiff, a FICTION, has failed to provide Kloe Elizabeth Schmidt

sufficient Service of Process, in violation of State of Iowa Law

A prerequisite to the court’s acquiring personal jurisdiction over the defendant

is proper service on the defendant of the summons and complaint. Grand Entm’t
Grp. v. Star Media Sales, Inc., 988 F.2d 476, 492 (3d Cir. 1993).

30. It is a FACT that this court in BLACK HAWK COUNTY, IOWA does not possess

Personal Jurisdiction over Kloe Elizabeth Schmidt.

NOTICE AND MOTION FOR DISMISSAL WITH PREJUDICE

The undersigned, without benefit of counsel, reserving all rights, remedies, and defenses at all

times, herein the “accused”, hereby specially appearing and offering this notice as motion for the

immediate dismissal with prejudice for lack of invocation of jurisdiction and for insufficient

process undermining due process of law.

For the reasons set forth, good cause exists to grant this Motion.

Otherwise, the Court must instruct opposing counsel to provide a claim on which relief may be

granted, according to the Iowa Rules of Criminal Procedure, USC Code, the Constitutions for

State of Iowa and for the united States.

Respectfully Submitted on this 27th Day of October 2022

____________________
Keith J. Schmidt

pg. 5
JURAT Verification upon Oath or Affirmation State of Iowa, Black Hawk County.

Before me, the undersigned authority, personally appeared Keith Schmidt, who being by my duly
sworn, deposed as follows: “Keith Schmidt, a man and a creation of God-Almighty, am over the
age of consent, am of sound mind, and have personal knowledge of the matters stated herein. I
have created this Affidavit to establish the true facts of this matter, because this matter lacks the
standard of regularity. I declare under penalty of perjury under the laws of the United States of
America that the foregoing is true and correct. Executed on this the 27th day of October, in the
year of our Lord and Savior, two thousand twenty-two.”

_________________________________
Keith Schmidt, Affiant

JURAT:
Sworn to and subscribed before me, the _______ day of _______ 2022, by _________________________.
State of Iowa, Notary public in __________________ County.

Signature of Notary Public: ___________________________

This certificate is attached to the following document:

Description of the document: sworn and notarized statement of facts regarding jurisdiction, invocation, and claim

Document title: DISTRICT COURT FOR BLACK HAWK COUNTY

Document type: Special Appearance and Motion to Dismiss

Number of pages: 6 Date: October 27, 2022

pg. 6