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