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 ) ) AFFIDAVIT OF DEFAULT v. ) AND OF PROBABLE CAUSE ) IN RE LAWRENCE E. CONDIT Neil and Evelyn Nordbrock, ) Defendants ) ___________________________) COMES NOW Paul Andrew Mitchell, Sui Juris, Citizen of Arizona state, expressly not a citizen of the United States, and Plaintiff in the above entitled matter (hereinafter "Plaintiff"), to present this, His AFFIDAVIT OF DEFAULT AND OF PROBABLE CAUSE IN RE LAWRENCE E. CONDIT, a man now alleging to be an attorney at law with power of attorney to represent Defendants in the above entitled case. VERIFICATION I, Paul Andrew Mitchell, Sui Juris, Citizen of Arizona state, federal witness, and Plaintiff in the instant case, hereby verify, under penalty of perjury, under the laws of the United States of America, without the "United States", that the following statement of facts 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). Affidavit of Default in re Lawrence E. Condit: Page 1 of 6 AFFIDAVIT OF DEFAULT I, Paul Andrew Mitchell, hereinafter Plaintiff in the above entitled case, hereby verify that: On January 11, 1997, Plaintiff prepared, signed and mailed a MEMO to "Lawrence E. Condit, Attorney [sic], c/o 376 South Stone Avenue, Tucson, Arizona state, Postal Zone 85701/tdc." In said MEMO dated January 11, 1997, Plaintiff explained to Mr. Condit that there was probable cause for Plaintiff to believe that Mr. Condit was in possession of stolen property, and Plaintiff also requested that Mr. Condit return to Plaintiff the sum of $3,000 which Defendants embezzled from Plaintiff. In said MEMO dated January 11, 1997, Plaintiff also requested written confirmation that Mr. Condit had been retained by Defendants, and that Mr. Condit had received power of attorney to represent Defendants in criminal matters. Finally, in said MEMO dated January 11, 1997, Plaintiff requested a certified copy of Mr. Condit's license to practice law in the State of Arizona. Said MEMO dated January 11, 1997, is attached hereto and incorporated by reference as if set forth fully herein. To date, Mr. Condit has not answered this MEMO. On February 11, 1997, Plaintiff prepared, signed and mailed a second MEMO to "Lawrence E. Condit, Attorney [sic], c/o 376 South Stone Avenue, Tucson, Arizona state, Postal Zone 85701/tdc." In said MEMO dated February 11, 1997, Plaintiff explained to Mr. Condit that there was probable cause for Plaintiff to believe that Mr. Condit was in possession of stolen property, and Plaintiff also requested that Mr. Condit return to Plaintiff the sum of $3,000 which Defendants embezzled from Plaintiff. Affidavit of Default in re Lawrence E. Condit: Page 2 of 6 In said MEMO dated February 11, 1997, Plaintiff also requested written confirmation that Mr. Condit had been retained by Defendants and that Mr. Condit had received power of attorney to represent Defendants in criminal matters. Finally, in said MEMO dated February 11, 1997, Plaintiff requested a certified copy of Mr. Condit's license to practice law in the State of Arizona. Said MEMO dated February 11, 1997, is attached hereto and incorporated by reference as if set forth fully herein. To date, Mr. Condit has not answered this MEMO. On March 11, 1997, Plaintiff prepared, signed and mailed a third MEMO to "Lawrence E. Condit, Attorney [sic], c/o 376 South Stone Avenue, Tucson, Arizona state, Postal Zone 85701/tdc." In said MEMO dated March 11, 1997, Plaintiff explained to Mr. Condit that there was probable cause for Plaintiff to believe that Mr. Condit was in possession of stolen property, and Plaintiff also requested that Mr. Condit return to Plaintiff the sum of $3,000 which Defendants embezzled from Plaintiff. In said MEMO dated March 11, 1997, Plaintiff also requested written confirmation that Mr. Condit had been retained by Defendants and that Mr. Condit had received power of attorney to represent Defendants in criminal matters. Finally, in said MEMO dated March 11, 1997, Plaintiff requested a certified copy of Mr. Condit's license to practice law in the State of Arizona. Said MEMO dated March 11, 1997, is attached hereto and incorporated by reference as if set forth fully herein. To date, Mr. Condit has not answered this MEMO. Affidavit of Default in re Lawrence E. Condit: Page 3 of 6 On March 22, 1997, Plaintiff prepared, signed and mailed a FINAL NOTICE AND DEMAND to "Lawrence E. Condit, Attorney [sic], c/o 376 South Stone Avenue, Tucson, Arizona state, Postal Zone 85701/tdc." In said NOTICE AND DEMAND, Plaintiff recounted the history of all three (3) prior MEMO's to Mr. Condit, and acknowledged receipt of a fax copy of a written settlement offer which Mr. Condit had mailed to Mr. Richard J. Scully, Plaintiff's private mediator in Plaintiff's ongoing dispute with Defendants. In said NOTICE AND DEMAND, Plaintiff explained that Mr. Condit must produce the documents previously requested of Mr. Condit, before Plaintiff could give serious consideration to any written settlement offer(s). In said NOTICE AND DEMAND, Plaintiff also explained that Mr. Condit's failure to produce the requested documents is sufficient cause for Plaintiff to proceed on the basis of the presumption that Mr. Condit cannot produce the requested documents. In said NOTICE AND DEMAND, Plaintiff also cited two pertinent court cases, and also Article VI, Clause 3, of the Constitution for the United States of America, which requires that all officers of the state and federal governments be bound by Oath or Affirmation to support said Constitution. Finally, in said NOTICE AND DEMAND, Plaintiff issued a formal DEMAND FOR PROOF, with a reasonable and conspicuous deadline of 5:00 p.m. on Friday, March 28, 1997. Said NOTICE AND DEMAND dated March 22, 1997, is attached hereto and incorporated by reference as if set forth fully herein. To date, Mr. Condit has not answered said NOTICE AND DEMAND. Affidavit of Default in re Lawrence E. Condit: Page 4 of 6 The NOTICE AND DEMAND, and the three MEMO's described above, were all transmitted via first class United States Mail, and were neither returned to sender, nor refused by the recipient(s). Accordingly, Defendant now believes, based on Mr. Condit's failure to answer the four (4) written communications described above, that there is now probable cause to charge Mr. Condit with the crimes of conspiracy and of being an accessory to the embezzlement which Defendants committed against Plaintiff. Defendant now believes that there is also probable cause to charge Mr. Condit with a clear and incurable conflict of interest in the instant case. Defendant thus believes that Mr. Condit should be disqualified from representing any Defendants currently named, and from representing any additional defendant(s) who may yet be named and/or joined to the instant case either at the discretion of this honorable Court, or at the discretion of the Plaintiff by exercising Plaintiff's Right to amend the original complaint in the instant case. Further Affiant Sayeth Naught Executed on April 10, 1997 Respectfully submitted, /s/ Paul Andrew Mitchell ______________________________________________ Paul Andrew Mitchell, B.A., M.S. Citizen of Arizona state and federal witness (expressly not a citizen of the United States) Affidavit of Default in re Lawrence E. Condit: Page 5 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): AFFIDAVIT OF DEFAULT AND OF PROBABLE CAUSE IN RE LAWRENCE E. CONDIT 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 Executed on April 10, 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 Affidavit of Default in re Lawrence E. Condit: Page 6 of 6 # # #
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Mitchell v. Nordbrock