Paul Andrew Mitchell, Sui Juris
Citizen of Arizona state, federal witness,
and Vice President for Legal Affairs
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. #93-06051-PHX-GBN
)
New Life Health Center Company, ) MOVANT'S AFFIDAVIT OF
Debtor ) PROBABLE CAUSE, TESTIFYING
) AS TO EVIDENCE OF FRAUD AND
) PERJURY ON THE COURT:
________________________________)
) 18 U.S.C. 152, 157;
Paul Andrew Mitchell, ) 28 U.S.C. 1746(1)
Movant, )
v. )
)
New Life Health Center Company )
et al., )
Respondents. )
________________________________)
COMES NOW Paul Andrew Mitchell, Sui Juris, Citizen of Arizona
state, expressly not a citizen of the United States, federal
witness (hereinafter "Movant"), and Vice President for Legal
Affairs of New Life Health Center Company, an unincorporated
business trust domiciled in the Arizona Republic (hereinafter
"Debtor"), to present this, MOVANT'S AFFIDAVIT OF PROBABLE CAUSE,
TESTIFYING AS TO EVIDENCE OF FRAUD AND PERJURY ON THE COURT by
Dr. Eugene A. and Mrs. Linda H. Burns.
Movant's Verified Criminal Complaint:
Page 1 of 6
AFFIDAVIT OF PROBABLE CAUSE
I, Paul Andrew Mitchell, hereinafter Movant in the above
entitled case, hereby verify that:
On July 29, 1997, I visited the OK Feed and Supply store
located at 3701 E. Fort Lowell in the city of Tucson, Arizona.
There, I visited for approximately thirty (30) minutes with
Ms. Alta Caillet, who gave me a business card which shows titles
of Bird Consultant and Assistant Manager.
Ms. Caillet provided me with three (3) complimentary copies
of "AFA Fast News -- The Official Newsletter of the American
Federation of Aviculture," dated February, March, and April 1997.
These newsletters contained numerous advertisements for a wide
variety of pet birds including, in particular, the rare variety
of South American Macaw birds known as the Hyacinth [sic].
I located the following specific asking prices for the Macaw
birds listed in the March 1997 issue of "AFA Fast News", to wit:
Page 4 of 8, column 2:
HYACINTH MALE 6 yrs old, complete cultures & blood panels,
perfect feather $6,500. [bold emphasis added hereinafter]
Hyacinth proven pair, female plucked by male $15,000.
Page 5 of 8, column 3:
PROVEN PAIRS: 2pr Hyacinth $20,000pr [sic]
Hyacinth $15,000.
Page 6 of 8, column 1:
HYACINTH: 8yr old domestic male. He's beautiful, healthy,
tame & talking. Avian medical exam provided. Micro
chipped. $8,800 [name redacted].
Page 6 of 8, column 2:
FEMALE HYACINTH, 5yrs old $8,500.
Hyacinth Macaw pairs $18,000 per pair.
Movant's Verified Criminal Complaint:
Page 2 of 6
During the period of time when I worked in the Debtor's
administrative offices at 4500 E. Speedway Boulevard, Suite 27,
in Tucson, Arizona state, I witnessed Dr. Eugene A. Burns come to
work almost every day with one (1) South American Hyacinth Macaw
bird with all blue feathers, and two (2) multi-colored South
American Macaw birds which Ms. Caillet identified as the Scarlet
variety.
Upon arriving at said offices, Dr. Burns always placed these
birds in a special indoor cage on the floor adjacent to two (2)
interior glass windows which separated Dr. Burns' private office
from a larger storage room. This storage room had shelves
mounted on the walls running the length of this rectangular room;
numerous bottles of vitamin and mineral supplements were stored
on these shelves. A stand-alone Canon fax machine was also
located in this same room.
These three South American Macaw birds were very noisy at
particular times of the day, most often in the late afternoon.
Their shrieks were so loud, that the noise would often cause
sharp pain in my ear drums, and interfere with conversations.
After being bothered quite often by these loud, shrieking
sounds, I persuaded Dr. Burns to hire the company's carpenter,
Mr. Larry Stevens, to install a permanent wall, doorway, and
operating interior door to separate my office from the bird cage.
The new wall and door, which Mr. Stevens constructed, helped
to attenuate the loud noises made by these Macaw birds, but the
noise continued to reach my office space by traveling through the
lobby area, where there were no doors or walls to block the
noise.
Movant's Verified Criminal Complaint:
Page 3 of 6
The original VOLUNTARY PETITION executed and filed by Dr.
and Mrs. Eugene A. Burns in the United States Bankruptcy Court,
District of Arizona, case number #95-10472-PHX-GBN, and
subsequently transferred to case number #96-1624-TUC-LO, contains
the following information in the SUMMARY OF SCHEDULES, to wit:
Schedule Assets
--------------------- ----------
A - Real Property 130,000.00
B - Personal Property 6,650.00 [emphasis added]
----------
Total Assets 136,650.00
The Personal Property Schedule B contains the following, listed
under Schedule B-29 -- Animals, to wit:
Description of Prop. : 2 Dogs, 3 Cats, 4 Birds Market: $250.00
Street Address : 7150 E. River Canyon Rd. =======
City, State, Zip Code : Tucson, AZ 85712
Husband, Wife, Joint? : Property is owned Jointly
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: July 29, 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
Movant's Verified Criminal Complaint:
Page 4 of 6
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):
MOVANT'S AFFIDAVIT OF PROBABLE CAUSE,
TESTIFYING AS TO EVIDENCE OF FRAUD
AND PERJURY ON THE COURT:
18 U.S.C. 152, 157; 28 U.S.C. 1746(1)
by placing one true and correct copy of said document(s) in first
class U.S. Mail, with postage prepaid and properly addressed to:
Creditors' Committee Christopher H. Bayley
In re: New Life Health Center Co. Todd V. Jones
c/o United States Trustee 400 E. Van Buren
P.O. Box 36170 One Arizona Center
Phoenix 85067-6170/tdc Phoenix 85004-0001/tdc
ARIZONA STATE ARIZONA STATE
Internal Revenue Service [sic] AZ DEPARTMENT OF REVENUE [sic]
Attn: Bankruptcy Unit Bankruptcy Unit Field 1011
c/o 210 E. Earll Drive c/o 1600 W. Monroe, 7th Floor
Phoenix 85012/tdc Phoenix 85007/tdc
ARIZONA STATE ARIZONA STATE
United States Trustees New Life Health Center Company
c/o P.O. Box 36170 c/o 4500 E. Speedway, #27
Phoenix 85067-6170/tdc Tucson 85712/tdc
ARIZONA STATE ARIZONA STATE
Bank One Arizona INTERNAL REVENUE SERVICE [sic]
c/o P.O. Box 29620 Z-490 Spec. Proc. MS-5085
Phoenix 85038-9620/tdc c/o 210 E. Earll Drive
ARIZONA STATE Phoenix 85012/tdc
ARIZONA STATE
Wells Fargo Bank Wells Fargo Bank
c/o P.O. Box 85071 c/o 401 W. 24th Street
San Diego 92186/tdc National City 91950/tdc
CALIFORNIA STATE CALIFORNIA STATE
Frederick C. Hickle Dianne C. Kerns
c/o P.O. Box 31807 c/o 1645 W. Valencia, #109-C
Tucson 85751-1807/tdc Tucson 85746/tdc
ARIZONA STATE ARIZONA STATE
[See USPS Publication #221 for addressing instructions.]
Movant's Verified Criminal Complaint:
Page 5 of 6
Executed on July 29, 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
Movant's Verified Criminal Complaint:
Page 6 of 6
# # #
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