Paul Andrew Mitchell, Sui Juris
Citizen of Arizona state
c/o General Delivery at:
2509 North Campbell Avenue
Tucson, Arizona state
In Propria Persona
All Rights Reserved
Without Prejudice
PIMA COUNTY CONSOLIDATED JUSTICE COURT
Paul Andrew Mitchell, ) Case Number #CV-97-3438
Plaintiff )
) NOTICE OF MOTION AND
v. ) MOTION TO MODIFY ORDER OF
) REFERRAL TO MEDIATION AND
Neil and Evelyn Nordbrock, ) TO NAME ANOTHER DEFENDANT
Defendants )
________________________________)
COMES NOW Paul Andrew Mitchell, Sui Juris, Citizen of Arizona
state, expressly not a citizen of the United States ("federal
citizen") and Plaintiff in the above entitled matter (hereinafter
"Plaintiff"), respectfully to request a modification to this
Court's ORDER OF REFERRAL TO MEDIATION, dated April 29, 1997, so
as to permit Plaintiff to name Lawrence E. Condit (hereinafter
"Mr. Condit") as another Defendant in the instant case.
As a factual foundation for the instant Motion, Plaintiff
wishes to bring to this Court's specific attention Plaintiff's
AFFIDAVIT OF DEFAULT AND OF PROBABLE CAUSE IN RE LAWRENCE E.
CONDIT, which AFFIDAVIT has been executed, filed in the instant
case, served on all interested party(s), and faxed as a courtesy
to Mr. Condit. Plaintiff hereby testifies that Mr. Condit has,
to date, failed to rebut said AFFIDAVIT.
Motion to Modify Mediation ORDER and Name New Defendant:
Page 1 of 4
Accordingly, Plaintiff submits that Mr. Condit's failure to
rebut a proper AFFIDAVIT of fact, executed by Plaintiff under
penalty of perjury, renders the statements of fact, as found
therein, the truth of the case.
Furthermore, as an individual claiming to be an officer of
this honorable Court, that office, in and of itself, causes a
legal and moral obligation to arise, whereby Mr. Condit is
obliged to disclose proof of his credentials for said office.
Given this legal and moral obligation which said claim
imposes upon Mr. Condit, his continued silence is a fraud,
pursuant to U.S. v. Tweel, 550 F.2d 297, 299 (1977), and his
continued silence also activates estoppel, pursuant to Carmine v.
Bowen, 64 A. 932 (1906).
Moreover, the fact remains unrebutted that the sum of $3,000
(approximate) which the named Defendants embezzled from
Plaintiff, was used to pay Mr. Condit's retainer fee, in whole or
in part, in order to retain Mr. Condit for legal services in a
quiet title action which Defendants have brought in the Superior
Court of Arizona state, during the period in question. See Neil
T. Nordbrock and Evelyn Nordbrock v. Ulan et al., Superior Court
of Arizona, County of Pima, case number #315580.
Mr. Condit has now failed to deny this fact, as documented
in Plaintiff's AFFIDAVIT supra. Plaintiff has reason to believe
that Mr. Condit was also confronted about said retainer fee by
Mr. Richard J. Scully, during a telephone conversation between
Messrs. Condit and Scully, and Mr. Condit again fell silent about
said retainer fee. Subsequently, Mr. Scully privately reported
the content of said telephone call to Plaintiff.
Motion to Modify Mediation ORDER and Name New Defendant:
Page 2 of 4
REMEDY REQUESTED
Accordingly, all premises having been duly considered by
this honorable Court, Plaintiff hereby moves this Court to modify
its ORDER OF REFERRAL TO MEDIATION, dated April 29, 1997, so as
to name Mr. Lawrence E. Condit as another Defendant in the
instant case, and also to ORDER Mr. Lawrence E. Condit to appear
separately, as another Defendant, at the time and place set for
mediating the instant matter or, in the alternative, to show
cause why Mr. Lawrence E. Condit should not be named as another
Defendant and should not required to appear separately at the
time and place set for mediating the instant matter.
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 fact and
law is true and correct, to the best of My current information,
knowledge, and belief, so help Me God, pursuant to 28 U.S.C.
1746(1). See Supremacy Clause.
Dated: May 7, 1997
Respectfully submitted,
/s/ Paul Andrew Mitchell
_____________________________________
Paul Andrew Mitchell, Sui Juris
Citizen of Arizona state
(expressly not a citizen of the United States)
All Rights Reserved without Prejudice
Motion to Modify Mediation ORDER and Name New Defendant:
Page 3 of 4
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):
NOTICE OF MOTION AND MOTION
TO MODIFY ORDER OF REFERRAL TO MEDIATION
AND TO NAME ANOTHER DEFENDANT
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:
Neil and Evelyn Nordbrock
c/o 6642 E. Calle de San Alberto
Tucson, Arizona state
Lawrence E. Condit
c/o 376 South Stone Avenue
Tucson, Arizona state
Dr. and Mrs. Eugene A. Burns
c/o 4500 E. Speedway, #27
Tucson, Arizona state
Executed on May 7, 1997 by:
/s/ Paul Andrew Mitchell
_____________________________________
Paul Andrew Mitchell, Sui Juris
Citizen of Arizona state
(expressly not a citizen of the United States)
All Rights Reserved without Prejudice
Motion to Modify Mediation ORDER and Name New Defendant:
Page 4 of 4
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Mitchell v. Nordbrock