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, ) 3rd SUPPLEMENT TO APPLICATION
Debtor ) 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 Rule;
Movant, ) Full Faith and Credit Clause
)
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
"New Life"), 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
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]
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
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:
Supplement to Intervention/Relief from Stay:
Page 5 of 9
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
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.
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.
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
email: supremelawfirm@altavista.net
website: http://supremelaw.com
copies: Neil Nordbrock, witness
Herb Crawford, witness
Todd Jones, Snell & Wilmer
litigation files
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:
New Life Health Center Company
c/o 4500 E. Speedway, #27
Tucson 85712/tdc
ARIZONA STATE
United States Trustees
c/o P.O. Box 36170
Phoenix 85067-6170/tdc
ARIZONA STATE
Creditors' Committee
In re: New Life Health Center Company
c/o United States Trustee
P.O. Box 36170
Phoenix 85067-6170/tdc
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
Supplement to Intervention/Relief from Stay:
Page 9 of 9
# # #
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New Life Bankruptcy