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