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 ) APPLICATION FOR
) INTERVENTION OF RIGHT,
) RELIEF FROM AUTOMATIC STAY,
) AND DECLARATORY JUDGMENTS
)
________________________________)
COMES NOW Paul Andrew Mitchell, Sui Juris, Citizen of Arizona
state, expressly not a citizen of the United States, federal
witness (hereinafter "Applicant"), and Vice President for Legal
Affairs of New Life Health Center Company, an unincorporated
business trust domiciled in the Arizona Republic (hereinafter
"New Life"), to petition this honorable Court for the following
specific relief, to wit:
(1) intervention of Right, pursuant to Rule 24(a) of the
Federal Rules of Civil Procedure;
(2) relief from the automatic stay now in force upon all
creditors in the instant case;
Application to Intervene/Relief from Stay/Declaratory Judgments:
Page 1 of 7
(3) declaratory judgments in the matters of:
(a) Applicant's claim to the position of Vice
President for Legal Affairs of New Life; and,
(b) Applicant's claim, and offer to prove, that the
New Life Trustee, one "Sheryl Smith" [sic], is a
fictitious and fraudulent person; and,
(4) all other relief which this honorable Court deems just
and proper.
Applicant now addresses each relief in the order mentioned above:
INTERVENTION OF RIGHT
Pursuant to Rule 24(a) of the Federal Rules of Civil
Procedure, Applicant hereby sets forth the causes for this
intervention:
1. Applicant is not one of the person(s) currently
identified as debtor(s), creditor(s), counsel(s), or trustee(s)
in the instant case.
2. Applicant claims interests relating to the rights and
properties which are the subject of the instant case.
3. Applicant is so situated that the disposition of the
action may, as a practical matter, impair or impede Applicant's
ability to protect His own interests.
4. The interests of the Applicant are not adequately
represented by the existing party(s) to the instant case.
Applicant hereby incorporates by reference all statements of
fact expressed infra, as if same were set forth fully herein.
See Rule 24(a), Intervention of Right, in the Federal Rules of
Civil Procedure.
Application to Intervene/Relief from Stay/Declaratory Judgments:
Page 2 of 7
RELIEF FROM AUTOMATIC STAY
Applicant hereby moves this honorable Court for relief from
the automatic stay upon any lawsuit(s) brought by Applicant
against New Life, for the following reasons:
1. The automatic stay is not serving its intended purpose,
which is to freeze New Life's assets and debts, so that this
Court can deal with them in an orderly way.
2. Applicant hereby makes an offer to prove that the New
Life Trustee, one "Sheryl Smith" [sic], is a fictitious person
whose name has been used for fraudulent purposes, in this Court
and in numerous other situations.
3. After New Life's original bankruptcy petition was
filed, Applicant was damaged by current officer(s) of New Life,
and the damages incurred thereby need to be specified and
quantified, in a court of competent jurisdiction, in order to
prioritize New Life's actual debts.
4. Freezing New Life's debts at this point in time has the
prejudicial effect of giving validity to the false premise that
New Life owes nothing to Applicant, when the documentary record
to date proves quite otherwise.
5. The activity stayed will inevitably happen, regardless
of what the bankruptcy court does, because the claim(s) in
question arose after New Life's original bankruptcy petition was
first filed.
6. Applicant's interest(s) in the property(s) owned, or
possessed, by New Life are currently being harmed by the stay, in
part because an officer of New Life refuses to acknowledge
Applicant's unpaid back pay and other unspecified damages which
Applicant has suffered at the hands of said officer, and in part
because of the probable cause which Applicant now has to charge
said officer with fraud, mail fraud, and other unspecified
criminal conduct perpetrated against Applicant.
Application to Intervene/Relief from Stay/Declaratory Judgments:
Page 3 of 7
7. Applicant also submits a formal, standing objection to
the discharge of all New Life debts which have arisen from
willful or malicious acts, debts resulting from fraudulent acts,
such as perjury and/or lying on the official record of the
instant case, and debts arising from embezzlement or theft.
8. Applicant also takes this opportunity to provide formal
Notice to all interested party(s) of Applicant's intent to submit
and serve a Complaint to Determine Dischargeability of Debt, but
only upon final judgment of the exact extent of the damages which
Applicant has suffered at the hands of New Life and all of its
officers, employees, workers, and contract agents to date.
9. In particular, New Life cannot discharge fines and/or
penalties that a federal, state, or local government has imposed
to punish New Life, and/or its present and past officers,
employees, workers, and contract agents, for violating a law.
Specifically, New Life cannot discharge restitution payments that
might be imposed in criminal cases. Restitution is specifically
non-dischargeable because it is imposed against the defendant, as
rehabilitation, rather than to compensate the victim. See Kelly
v. Robinson, 107 S.Ct. 353 (1986).
DECLARATORY JUDGMENTS
Applicant hereby moves this honorable Court for declaratory
relief in the following matters:
(1) Applicant's claim to the office of Vice President for
Legal Affairs of New Life, which appointment was made under
authority of the New Life Trustee, "Sheryl Smith" [sic], and
submitted as a bona fide document to the United States District
Court for the District of Arizona at Tucson in May of 1996; and,
Application to Intervene/Relief from Stay/Declaratory Judgments:
Page 4 of 7
(2) Applicant's claim and offer to prove that the New Life
Trustee, "Sheryl Smith" [sic], is a fictitious person who name
has been utilized to "sign" numerous bank checks and also other
official New Life trust documents. Said other documents include,
but are not limited to:
(a) Applicant's original appointment to the office of Vice
President for Legal Affairs of New Life; and,
(b) the official non-disclosure agreement, also signed by
"Sheryl Smith" [sic], barring the General Manager from disclosing
any New Life documents to third parties without prior
authorization of "Sheryl Smith" [sic]. Said non-disclosure
agreement was likewise submitted as a bona fide document to the
United States District Court for the District of Arizona at
Tucson in April of 1996.
INCORPORATION OF EXHIBIT
Pursuant to Rule 201(d) of the Federal Rules of Evidence,
Applicant hereby incorporates by reference the attached AFFIDAVIT
OF DEFAULT AND OF PROBABLE CAUSE IN RE DR. AND MRS. EUGENE A.
BURNS as previously filed in Mitchell v. Nordbrock, Pima County
Consolidated Justice Court, case number #CV-97-3438, as if the
same were set forth fully herein.
Said AFFIDAVIT addresses Applicant's diligent and good faith
efforts to determine the true identity and physical whereabouts
of "Sheryl Smith" [sic], and to obtain back pay and other
unspecified compensation from New Life for Applicant's arbitrary,
capricious, and wrongful termination and other damages inflicted
upon Applicant by Dr. Eugene A. Burns and other named and unnamed
accessories of Dr. Eugene A. Burns.
Application to Intervene/Relief from Stay/Declaratory Judgments:
Page 5 of 7
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", that the above statement of facts is
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: April 18, 1997
Respectfully submitted,
/s/ Paul Andrew Mitchell
Paul Andrew Mitchell, Sui Juris
Citizen of Arizona state, federal witness,
(expressly not a citizen of the United States),
and Vice President for Legal Affairs of
New Life Health Center Company (debtor)
All Rights Reserved without Prejudice
Application to Intervene/Relief from Stay/Declaratory Judgments:
Page 6 of 7
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," 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):
APPLICATION FOR INTERVENTION OF RIGHT,
RELIEF FROM AUTOMATIC STAY,
AND DECLARATORY JUDGMENTS
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:
New Life Health Center Company
c/o 4500 E. Speedway, #27
Tucson, Arizona state
Executed on April 18, 1997:
/s/ Paul Andrew Mitchell
______________________________________________
Paul Andrew Mitchell, Sui Juris
Citizen of Arizona state and federal witness
(expressly not a citizen of the United States)
All Rights Reserved without Prejudice
Application to Intervene/Relief from Stay/Declaratory Judgments:
Page 7 of 7
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New Life Bankruptcy