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 )
) PLAINTIFF'S FIRST
v. ) AMENDED COMPLAINT:
)
Neil and Evelyn Nordbrock, ) Petition Clause,
Lawrence E. Condit, ) First Amendment;
W. U. Weber, and ) Supremacy Clause
Does 1 to 100, )
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"), to provide formal Notice to all interested parties,
and to demand mandatory judicial notice by this honorable Court,
pursuant to Rule 201(d) of the Arizona Rules of Evidence, of
this, PLAINTIFF'S FIRST AMENDED COMPLAINT.
Simultaneously with this FIRST AMENDED COMPLAINT, Plaintiff
has filed His fifteenth NOTICE AND DEMAND FOR MANDATORY JUDICIAL
NOTICE, pursuant to Rule 201(d) of the Arizona Rules of Evidence,
in which Plaintiff has itemized proof of the following specific
damages which Plaintiff hereby alleges that Defendants have
inflicted upon Plaintiff. These specific damages include the
following, to wit:
Plaintiff's First Amendment Complaint:
Page 1 of 6
(1) MEMO dated March 17, 1997, itemizing a total of
$13,350.25 in specific damages resulting from breach of
contract, value of funds embezzled, value of gold coin
converted, value of JAZ cartridge converted (without
database), general ledger error (by Defendants),
mediation services, Paul Mitchell professional time
(equivalent to attorney's fees: 100 hrs. @ $75), filing
fees, and Constable services, for subtotal of:
$13,350.25
(2) MEMO dated January 21, 1997, computing the present
value of the private, confidential database stored on
the JAZ cartridge, by factoring 7 years at $25 per hour
at 8 hours per day at 5 days per week at 50 weeks per
year, allowing 2 weeks vacation per year, resulting in
the following TOTAL VALUE of the private, confidential
database in question:
$350,000.00
-----------
SUBTOTAL: $363,350.25
ORIGINAL COMPLAINT: $ 4,602.00
-----------
GRAND TOTAL, FIRST AMENDED COMPLAINT $367,952.25
===========
Plaintiff hereby demands that this honorable Court, pursuant
to Rule 201(d) of the Arizona Rules of Court, take mandatory
judicial notice of the Defendants' previously executed, verified,
filed and served admission that they are, in fact, now in
unlawful possession and control of Plaintiff's one gigabyte JAZ
cartridge containing Plaintiff's private, confidential database
worth $350,000. Said admission is found in Defendants' RULE 26.1
DISCLOSURE STATEMENT OF DEFENDANTS/COUNTERCLAIMANTS, by which
Defendants attempt to admit the following as factual, to wit:
... Mitchell gave Neil Nordbrock a back-up computer disc to
be stored in a safe for safekeeping and that the disc is
still in existence, is of no value to the Nordbrocks, and is
returnable to Mitchell.
[Page 2, lines 17-20]
Plaintiff hereby disputes the allegation that said JAZ disk
is of no value to Defendants. Said JAZ disk contains electronic
originals of documents which constitute material evidence of
Plaintiff's First Amendment Complaint:
Page 2 of 6
Defendants' criminal conspiracy to create and maintain a
fictitious Trustee for the New Life Health Center Company, and of
other related and specific criminal conduct, of which Plaintiff
has previously complained in His VERIFIED CRIMINAL COMPLAINT,
executed and served in the instant case on June 21, 1997.
INCORPORATION OF VERIFIED CRIMINAL COMPLAINT
Plaintiff hereby incorporates said VERIFIED CRIMINAL
COMPLAINT by reference, as if set forth fully herein.
NOTICE OF LACK OF JURISDICTION
Pursuant to ARS 22-201(F) and the decision of the Appellate
Court of Arizona, Division 1, in Metro Collections v. Meggers,
180 Ariz. 570, 886 P.2d 649 (App. Div.1 1994), Plaintiff hereby
specifically complains that Mr. W. U. Weber has deliberately
obstructed justice and deprived Plaintiff of due process of law
in the instant case. Mr. W. U. Weber has done so: by failing to
certify, in the docket of the instant case, that Defendants have
filed a verified pleading which states, as a counterclaim, a
claim in which the amount involved, exclusive of interest and
costs, is more than five thousand dollars; by failing to stop at
once any further proceedings in the instant action; and by
failing to forward all papers, together with a certified copy of
his docket entries in the instant action, to the superior court,
where the action shall be docketed and determined as though
originally brought in the superior court.
Plaintiff's First Amendment Complaint:
Page 3 of 6
Plaintiff also hereby specifically complains that
Plaintiff's NOTICE OF EXEMPTION FROM DOCKET FEE, and Plaintiff's
VERIFIED PETITION FOR PEREMPTORY WRIT OF MANDAMUS, both to the
Superior Court of Arizona, were obstructed in part by requiring
Plaintiff to pay a standard docket fee to the Clerk of the
Superior Court, in direct violation of ARS 22-201(F), to wit:
Such party shall pay to the clerk of the superior court the
same fees required to be paid by a defendant, and no other
party in the action before the justice of the peace shall be
required to pay any sum.
[emphasis added]
Plaintiff has not paid this fee to date.
Plaintiff argues that Plaintiff falls within the scope of
the term "no other party" as that term is utilized in said
statute. See Plaintiff's NOTICE OF EXEMPTION FROM DOCKET FEE,
dated June 17, 1997, Page 2, Lines 26 to 32. Said VERIFIED
PETITION FOR PEREMPTORY WRIT OF MANDAMUS, and NOTICE OF PETITION
FOR PEREMPTORY WRIT OF MANDAMUS AND NOTICE OF EXEMPTION FROM
DOCKET FEE, are both attached hereto and incorporated by
reference as if set forth fully herein.
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, 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: July 8, 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
Plaintiff's First Amendment 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," 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):
PLAINTIFF'S FIRST AMENDED COMPLAINT:
Petition Clause, First Amendment;
Supremacy Clause
by placing one true and correct copy of said document(s) in first
class U.S. Mail, with postage prepaid and properly addressed to:
Neil and Evelyn Nordbrock VIA FAX TRANSMISSION
c/o 6642 E. Calle de San Alberto to: (520) 296-6544
Tucson, Arizona state
Lawrence E. Condit VIA FAX TRANSMISSION
c/o 376 South Stone Avenue to: (520) 624-8414
Tucson, Arizona state
Dr. and Mrs. Eugene A. Burns VIA FAX TRANSMISSION
c/o 4500 E. Speedway, #27 to: (520) 323-3922
Tucson, Arizona state
Mr. Richard Rineer VIA FAX TRANSMISSION
c/o 4841 E. Speedway Boulevard to: (520) 323-3922
Tucson, Arizona state
Mr. Tim Hay VIA FAX TRANSMISSION
c/o 4500 E. Speedway Boulevard, #27 to: (520) 323-3922
Tucson, Arizona state
Mrs. Susan Shew VIA FAX TRANSMISSION
c/o 4500 E. Speedway Boulevard, #27 to: (520) 323-3922
Tucson, Arizona state
Mr. and Mrs. Patrick Shew VIA FAX TRANSMISSION
c/o 2624 W. Flamebrook to: (520) 323-3922
Tucson, Arizona state
Todd V. Jones VIA FAX TRANSMISSION
c/o 1500 Northwest Tower to: (520) 884-1294
One South Church Avenue
Tucson, Arizona state
Mr. and Mrs. Herbert Crawford
c/o 4741 W. Camino Tierra
Tucson, Arizona state
Plaintiff's First Amendment Complaint:
Page 5 of 6
Mr. David Wallen
c/o 2536 Vereda de la Manana
Tucson, Arizona state
Ms. Sheila T. Wallen
c/o 2536 Vereda de la Manana
Tucson, Arizona state
Mr. W. U. Weber
c/o 115 N. Church Avenue
Tucson, Arizona state
Chief of Police
Tucson Police Department
270 S. Stone Avenue
Tucson, Arizona state
Pima County Attorney
c/o 32 North Stone Avenue
Tucson, Arizona state
Executed on July 8, 1997:
/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
Plaintiff's First Amendment Complaint:
Page 6 of 6
# # #
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Mitchell v. Nordbrock