Paul Andrew Mitchell, Sui Juris Citizen of Arizona state, federal witness c/o General Delivery at 2509 North Campbell, #1776 Tucson, Arizona state In Propria Persona All Rights Reserved without prejudice UNITED STATES BANKRUPTCY COURT DISTRICT OF ARIZONA In Re: ) Case No. #96-01624-TUC ) Dr. and Mrs. Eugene A. Burns ) 3rd SUPPLEMENT TO APPLICATION ) FOR INTERVENTION OF RIGHT, FOR ) RELIEF FROM THE AUTOMATIC STAY ) AND DEMAND FOR MANDATORY ) JUDICIAL NOTICE: ________________________________) ) Rule 201(d), Federal Rules Paul Andrew Mitchell, ) of Evidence; Rule 4001, ) Local Bankruptcy Rules; Movant, ) Full Faith and Credit Clause ) v. ) ) Dr. and Mrs. Eugene A. Burns, ) ) ) Respondents. ) ________________________________) COMES NOW Paul Andrew Mitchell, Sui Juris, Citizen of Arizona state, expressly not a citizen of the United States ("federal citizen"), and federal witness (hereinafter "Movant"), to provide formal Notice to all interested party(s), and to demand mandatory judicial notice by this honorable Court, pursuant to Rule 201(d) of the Federal Rules of Evidence and the Full Faith and Credit Clause, of the following documents, to wit: Third Supplement to Intervention/Relief from Stay: Page 1 of 9 1. CONFIDENTIAL MEMO to Neil Nordbrock from Paul Andrew, Mitchell, B.A., M.S., Counselor at Law, dated June 22, 1996, Subject: More Problems (bold emphasis added); 2. NOTICE AND DEMAND to Dr. Eugene A. Burns, D.C., N.D., New Life Health Center Company, 4500 E. Speedway, Suite #27, Tucson [zip code exempt], ARIZONA STATE, from Paul Andrew, Mitchell, B.A., M.S., Citizen of Arizona state, Counselor at Law, and federal witness, dated July 25, 1996. The documents itemized above are attached hereto and incorporated by reference as if set forth fully herein. Movant wishes to direct the attention of this honorable Court specifically to the time proximity of said CONFIDENTIAL MEMO, to the exact date on which Movant was forced to vacate the offices of the New Life Health Center Company at 4500 East Speedway, Suite 27, Tucson, Arizona state; said date was Thursday, July 25, 1996. See document 2., itemized above. VERIFICATION I, Paul Andrew Mitchell, 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 statements of fact are true and correct, according to the best of My current information, knowledge, and belief, so help Me God, pursuant to 28 U.S.C. 1746(1). Dated: May 27, 1997 Respectfully submitted /s/ Paul Andrew Mitchell Paul Andrew Mitchell, B.A., M.S. Citizen of Arizona state, federal witness (expressly not a citizen of the United States) All Rights Reserved without prejudice Third Supplement to Intervention/Relief from Stay: Page 2 of 9 CONFIDENTIAL MEMO TO: Neil Nordbrock FROM: Paul Andrew, Mitchell, B.A., M.S. Counselor at Law DATE: June 22, 1996 SUBJECT: More Problems My current hypothesis is that there is, indeed, a power struggle going on within New Life, and I am thrust into it willy nilly. I do contribute to that struggle, mostly because of my aggressive style, without meaning to. I have been a warrior for a long time. I will work on my style; I am due for a change. Let me begin by saying that I could not run this company, even if I tried. If I had to step in as a temporary manager, it could only work if the whole staff pitched in and adjusted in good faith and warm hearts, with you as the premier example of both. That is my introduction to informing you that I came in today to a 40% pay cut ($300/week now; was $500/week; difference is 200/500 = 0.40). Either Gene is doing this sua sponte, or he is consulting with others in the company, but I know you too well to think that you would punish me in this way, or even put the idea on the table, knowing me as you do. I have been blamed for the terror which has come down as a result of the arrest warrant, and that blame is undeserved. I have also been blamed for "being out of touch" (at 35,000 feet) when a deal was being negotiated with the help of the FBI, and that blame is undeserved. Now I have seen a subsistence wage drastically reduced, without a hearing or a warning. Neil, I know you treat your dogs much better than that; I can see it in their eyes. Second big item: before I put this question to Gene, would you be willing to tell me privately if, and when, Sheryl Smith authorized Gene to rubber stamp checks and Trust minutes? If Gene has NOT been authorized to do so by Sheryl Smith, I think you and I need to look at this delicate situation and fix it, immediately. If I was appointed an officer of the Trust under authority of a rubber stamp, and that stamp was not authorized by the Person whose name is on that stamp, then we need to clean this up absolutely as soon as possible. I hope you agree. The minutes were put into the Court record, and the Judge recognized the appointment; that appointment is the ONLY thread we've got at the moment to salvage my briefs, because the Court has recognized me as an officer and allowed me to address the Court in that capacity; that implies filing briefs on behalf of the Trust. If it doesn't, then the "law" is being enforced quite arbitrarily and capriciously. [bold emphasis added] Third Supplement to Intervention/Relief from Stay: Page 3 of 9 Third big item: if Gene has decided to go his own way with a licensed bar member, then it raises questions about attorney/client privilege. Not that I would ever want to be an ATTORNey, but there is the question of privacy and confidentiality. If I am NOT his Counsel of choice any more, then I cannot claim the privacy privilege as far as his personal affairs are concerned. This means that I can be called to testify against him, and the United States can put me in jail under the recalcitrant witness statute, if I refuse to testify against him. I have seen it happen before, and Roll won't hesitate to do it, just to retaliate against me for all the B-A-D things I wrote and filed about ATTORNeys, not to mention the mail fraud sting. If the rubber stamp is not authorized, you and I need to solve this problem with the maximum benefit to the Trust and Gene, and do so as soon as possible, for damage control, if nothing else. Fourth item (also big): What are your thoughts about the timing of a Trust action to restrain the delivery of books and records to the grand jury? Richard McDonald was as sure as He has ever been that our strong suit now is the non-disclosure contract. I would see some form of adversary action, not before Roll, because I will recommend that we file a Judicial Misconduct Complaint, under 28 U.S.C. 372(c), automatically recusing him from the case. The grounds for this complaint are 75 felonies (25 pleadings each proving mail fraud, jury tampering, and obstruction of justice), not to mention all the other offenses. To beef up this Complaint, we should consider also a plain criminal complaint, filed with the FBI, maybe with Gene's friend. The Marshals in L.A. told us that they no longer have authority to intake such complaints any more (and they were pissed about that). This would be a good test for this FBI Agent's true loyalties; that may open Gene's eyes a little more. We can turn this crank against every new judge who comes along, perhaps forcing a Circuit Judge onto the case, or a dismissal. Anyway, these are some very heavy issues, which you will need time to consider. Get back to me when you have had a chance to review and think about these issues. Thanks for coming by yesterday evening; your support means a lot to me. Sincerely yours, /s/ Paul Andrew Mitchell Paul Andrew, Mitchell, B.A., M.S. Counselor at Law email: supremelawfirm@altavista.net website: http://supremelaw.com Third Supplement to Intervention/Relief from Stay: Page 4 of 9 Certified U.S. Mail c/o 2509 N. Campbell, #1776 Serial Number P-475-744-607 Tucson [zip code exempt] Return Receipt Requested ARIZONA STATE Restricted Delivery Requested July 25, 1996 Dr. Eugene A. Burns, D.C., N.D. New Life Health Center Company 4500 E. Speedway, Suite #27 Tucson [zip code exempt] ARIZONA STATE Subject: Wrongful Discharge NOTICE AND DEMAND Dear Gene: This is a formal notice to You that I have vacated the business office which the Trust was providing to Me at the above location. I have left the two office keys on the shelves mounted on the wall adjacent to the office hallway, next to the refrigerator. I have given Susan Shew Your copy of Black's Law Dictionary and the three volumes on banking law which You purchased (one 3-ring binder was never shipped by the publisher). If You are missing anything else, please let Me know in writing at once, and I will return it immediately if I agree that it is Yours and if I took it by mistake when I had to move out on such short notice. This is also My formal demand that You perform Your obligations to Me in My capacity as Vice President for Legal Affairs of New Life Health Center Company. The following compensation is due to Me: last pay check, dated 6/30/96, was $300.00, which is $200.00 short of My last full paycheck $200.00 pay due for period 7-1-96 to 7-8-96 $500.00 pay due for period 7-8-96 to 7-15-96 $500.00 pay due for period 7-15-96 to 7-22-96 $500.00 pay due for period 7-22-96 to 7-25-96 (pro rated 4/5 x $500.00) $400.00 ------- Subtotal: $2,100.00 I also demand that You compensate Me for the following unspecified damages: 1. You violated the non-disclosure agreement which You had with the Trust, and were fully aware when You signed it that criminal liability attached to violations of said Third Supplement to Intervention/Relief from Stay: Page 5 of 9 agreement. You filed this non-disclosure agreement in federal district court in Tucson, Arizona, under penalty of perjury, and utilized it as an argument justifying Your refusal to disclose records to a federal grand jury. 2. My fundamental Right to privacy was also violated when You violated the Trust's non-disclosure agreement. 3. You were negligent for failing to provide Me with the option to disclose My cancelled pay checks, or not to disclose them, to outside persons. In Tim's presence, I witnessed You culling cancelled checks which You felt would incriminate You before a federal grand jury, because of trust funds which You co-mingled with Your personal account(s) for Your own personal benefit. 4. My discharge was arbitrary, capricious, and just plain wrong, because You and others around You blamed Me for the consequences that resulted from Your failure to appear in court, and Your decision to surrender to the FBI with a bar member over My objections and/or when I was in-flight on Your behalf to the Ninth Circuit Court of Appeals. You complained that I was "out of touch" when I was at 35,000 feet en route to San Francisco, to file pleadings for Your Emergency Motion. 5. As a consequence of the painful and unnecessary ill will which resulted from Your actions described in 4. above, My professional reputation has been damaged because of the requirement that I now explain why My tenure at the Trust was terminated so abruptly, arbitrarily, capriciously, and wrongfully. 6. In front of three witnesses, You openly admitted that You were considering a guilty plea in anticipation of a federal grand jury indictment. In light of all the conclusive evidence which I presented to You to prove that there are no federal income tax statutes to violate (e.g. IRC 7851(a)(6)(A)), You must have had some other criminal statute(s) in mind. I reserve My Right to hold You personally liable to Me for all the unnecessary pain and suffering which Your admission has caused to Me. 7. You agreed to pursue the Petition for a Rehearing En Banc and, upon that agreement, I proceeded to prepare the necessary Petition to the Ninth Circuit, which You then decided not to file. This had the consequence of destroying most, if not all, of the legal foundation which I had prepared on behalf of the Trust and other American People similarly situated, preventing other Trust officers, all other co-workers, and the American People in general from ever enjoying the benefits of that foundation, which was prepared as much for Them as it was for You. Third Supplement to Intervention/Relief from Stay: Page 6 of 9 8. You aided and abetted in an act of wire fraud upon Me, when You allowed Susan Shew to use My name, without any signature, on a work order which She faxed from her home to E-Z Messenger Service, and then You made excuses for her failure to get prior permission from Me to use My name in that fashion. When I attempted to investigate this wire fraud by presenting You with written evidence of it, You fell silent. 9. You discharged Me without the benefit of a termination notice from the Trustee of New Life Health Center Company, making it necessary for Me to question whether or not You had any authority to do so. My appointment contract was signed by the Trustee, so I am entitled to proceed on the basis of this proof that only the Trustee had authority to hire and fire officers of the Trust. 10. I am currently entitled to two percent (2%) of the gross revenues to be derived from Internet sales of New Life Health Center's products and services, because of the agreement which You made with Me to that end, and because My computer expertise helped to open that opportunity for the Trust. I must proceed on the basis of the presumption that the Trust now has no intention of ever performing under this agreement, resulting in further damages still to Me. 11. You violated My fundamental Right to personal privacy when you stated that I had not been using the condominium which you helped Me to rent, and you demanded that I disclose my "plans" to you and the landlord, Neal Manning, at once. This put Me under a cruel and unusual punishment, on top of the wrongful discharge and the demand that I vacate the Trust's business office. Was it Your intention to throw Me out onto the street and, if so, for what specific conduct by Me? 12. I must now waste the set of business cards which I had printed at My own expense, because they exhibit fax and telephone numbers which are in Your business office. I will look forward to knowing that the federal grand jury in the matter of New Life Health Center Company has decided against issuing any indictments against You or the Trust, in large part because of all the many overtime hours of difficult and productive work which I performed on behalf of You, Your Spouse, and the Trust. As you already know, this work is now a matter of official record in the United States District Court, Judicial District of Arizona, Tucson, U.S.D.C. Case Number #GJ-95-1-6-JMR, Appeal Number #96-16145. Third Supplement to Intervention/Relief from Stay: Page 7 of 9 For the record, I hope you will tell the truth about the many times You complimented Me for all that work, and encouraged Me to continue with the chosen strategy, particularly while that work was being done in Your presence and under Your direct and immediate supervision. NOTICE OF DEADLINE If, within ten (10) days, I do not receive from You a written offer of compensation and compromise for all of the damages to date which are itemized above, I will take appropriate action to enforce My Rights. VERIFICATION I hereby certify, under penalty of perjury, that the above statement of facts are true and correct, to the best of My current information, knowledge, and belief, so help Me God. Thank You for Your cooperation and consideration. Sincerely yours, /s/ Paul Andrew Mitchell Paul Andrew, Mitchell, B.A., M.S. Citizen of Arizona state, Counselor at Law, and federal witness All Rights Reserved without Prejudice copies: Neil Nordbrock, witness Herb Crawford, witness Todd Jones, Snell & Wilmer litigation files email: supremelawfirm@altavista.net website: http://supremelaw.com Third Supplement to Intervention/Relief from Stay: Page 8 of 9 PROOF OF SERVICE I, Paul Andrew, Mitchell, Sui Juris, hereby certify, under penalty of perjury, under the laws of the United States of America, without the "United States" (federal government), 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): 3rd SUPPLEMENT TO APPLICATION FOR INTERVENTION OF RIGHT, FOR RELIEF FROM THE AUTOMATIC STAY AND DEMAND FOR MANDATORY JUDICIAL NOTICE: Rule 201(d), Federal Rules of Evidence; Rule 4001, Local Bankruptcy Rule; Full Faith and Credit Clause 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: Dr. and Mrs. Eugene A. Burns c/o 4500 E. Speedway, #27 Tucson [zip code exempt] ARIZONA STATE United States Trustee c/o U.S. Bankruptcy Court 110 South Church Street, Suite 8112 Tucson [zip code exempt] ARIZONA STATE Creditors' Committee In re: Dr. and Mrs. Eugene A. Burns c/o United States Trustee 110 South Church Street, Suite 8112 Tucson [zip code exempt] ARIZONA STATE [See USPS Publication #221 for addressing instructions.] Executed on May 27, 1997: /s/ Paul Andrew Mitchell Paul Andrew, Mitchell, Sui Juris Citizen of Arizona state, federal witness (expressly not a citizen of the United States) All Rights Reserved without Prejudice Third Supplement to Intervention/Relief from Stay: Page 9 of 9 # # #
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In Re Burns Bankruptcy