The Honorable Judge Tommy Wallace                   May 15,1995
294th District Court
Van Zandt County Courthouse

Re: Cause No. 95-63
William B. Jones
VS.
Udo Birnbaum

Sir:

Richard Ray is misusing his access to your Court to assault me with charges he has fabricated.

I had specifically requested that Jones be present at the pre-trial hearing (copy in file 95-63). The absence of Jones at that hearing deprived both me and this Court of acknowledgment from Jones that he was indeed the author of the complaints. I therefore bring the following to the attention of this court:

Richard Ray has failed to act in good faith from the beginning. He has refused to inform himself and there is no basis whatsoever in what he has brought before this Court.

Richard Ray has refused to comply with my request of April 18, 1995 to substantiate issues that he raised. (copy in file,95-63)

Richard Ray has refused to answer my communication dated May 3, 1995 (copy in file 95-63)

Richard Ray attempted to run slipshod over me with a Default Judgment. His request for a Default Judgment came MORE THAN ONE MONTH AFTER my reply to this Court. He certified the following FALSE statements in his March 16, 1995 request:

I had informed Richard Ray that I would be self-representing. I so informed this Court and filed the reply. Richard Ray' statement of "Unanswered" is FALSE.

Richard Ray's representation to this Court that he was the only party requiring notice is FALSE.

Richard Ray's pleadings are a total mess. HE EVEN HAS water FLOWING UPHILL! His statement that his pleadings are in good order is FALSE.

Richard Ray stated that "good faith negotiations have been made to attempt settlement". Richard Ray has made NO attempt at being informed WHATSOEVER! (File 95-63 contains ALL correspondence). Richard Ray's claim of "good faith" is FALSE.

Richard Ray states that "he expects to be ready for trial". This is unbelievable and FALSE.

As for the true facts see Sheriffs Report Dated 2-8-95 indicating ALL damage was done by JONES! (report attached)

Also see the report I filed with the District Attorney dated February 15, 1995. (report attached)

Richard Ray has failed to act in good faith, has given improper legal counsel to Jones regarding the merit of his complaint, and has even falsified documents brought before this Court.

I request a Hearing to resolve these matters. I REQUEST THAT THE COURT INSTRUCT MR. WILLIAM B. JONES TO BE PRESENT AT THIS HEARING TO ACKNOWLEDGE THAT HE IS INDEED THE AUTHOR OF THE COMPLAINTS IN CAUSE 95-63.

I request this Court to instruct Jones to replace my fence which he tore down over 9 months ago and to clean up the mess pushed onto my land by his bulldozer operator.

A fully completed "Request for Setting Form" is attached.

                            Sincerely,

        Udo Birnbaum
           pro-se
 

encl:

Incident Report 9500070 Van Zandt Sheriffs office dated 2-8-95
Complaint to District Attorney dated February 15, 1995