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
Neil and Evelyn Nordbrock, ) DR. AND MRS. EUGENE A. BURNS
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 DR. AND MRS. EUGENE A. BURNS, who are close associates of
the Defendants in managing and operating the New Life Health
Center Company in the city of Tucson, Arizona state.
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 Dr. & Mrs. Eugene A. Burns:
Page 1 of 8
AFFIDAVIT OF DEFAULT
I, Paul Andrew Mitchell, hereinafter Plaintiff in the above
entitled case, hereby verify that:
On July 25, 1996, Plaintiff prepared and mailed a NOTICE AND
DEMAND to "Dr. Eugene A. Burns, D.C., N.D. [sic], New Life Health
Center Company, 4500 E. Speedway, Suite #27, Tucson [zip code
exempt], ARIZONA STATE" (hereinafter "New Life administrative
offices"), concerning the subject of Plaintiff's wrongful
discharge.
Said NOTICE AND DEMAND of July 25, 1996, stated a deadline
of ten (10) days within which Plaintiff demanded to receive a
written offer of compensation and compromise for all of the
damages, both specified and unspecified, which were itemized in
said NOTICE AND DEMAND of July 25, 1996.
Said NOTICE AND DEMAND of July 25, 1996, is attached hereto
and incorporated by reference as if set forth fully herein.
Dr. Burns failed to respond timely to said NOTICE AND DEMAND
of July 25, 1996.
On August 12, 1996, Plaintiff prepared and mailed a NOTICE
OF DEFAULT [hand delivered] [sic] to Dr. Burns at the New Life
administrative offices, informing Dr. Burns that Plaintiff had
received no written offer(s) of compensation or compromise within
the stated deadline of ten (10) days.
Said NOTICE OF DEFAULT of August 12, 1996, also explained
that Plaintiff did not recognize any authority in Dr. Burns to
discharge Plaintiff from the position of Vice President for Legal
Affairs of the New Life Health Center Company, for reasons which
were stated in same.
Affidavit of Default in re Dr. & Mrs. Eugene A. Burns:
Page 2 of 8
Said NOTICE OF DEFAULT of August 12, 1996, also explained
that Plaintiff had reason to believe that the "MINUTE OF NEW LIFE
HEALTH CENTER CO." [sic] mailed to Plaintiff by Dr. Burns was a
false and misrepresentative document, for the reasons stated in
said NOTICE OF DEFAULT of August 12, 1996.
Said NOTICE OF DEFAULT of August 12, 1996, is attached
hereto and incorporated by reference as if set forth fully
herein.
To date, Dr. Burns has failed to respond timely to said
NOTICE OF DEFAULT of August 12, 1996.
On November 30, 1996, Plaintiff prepared and mailed a second
NOTICE AND DEMAND to "Dr. Eugene A. Burns, D.C., N.D. [sic], New
Life Health Center Company, 4500 E. Speedway, Suite 27, Tucson
[zip code exempt], ARIZONA STATE ", concerning the subject of
Plaintiff's wrongful discharge.
Said NOTICE AND DEMAND of November 30, 1996, stated a
deadline of ten (10) days within which Plaintiff demanded to
receive a written offer of compensation and compromise for all of
the damages, both specified and unspecified, which were itemized
in said NOTICE AND DEMAND of November 30, 1996.
Said NOTICE AND DEMAND of November 30, 1996, is attached
hereto and incorporated by reference as if set forth fully
herein.
To date, Dr. Burns has failed to respond timely to said
NOTICE AND DEMAND of November 30, 1996.
On December 12, 1996, Plaintiff prepared and mailed a MEMO
to "James A. Crawford, Postal Inspector, U.S. Postal Inspection
Service, P.O. Box 26320, Tucson, Arizona state, Postal Zone
85726-6320/tdc" [sic], concerning the subject of probable mail
fraud by Dr. Eugene A. Burns.
Affidavit of Default in re Dr. & Mrs. Eugene A. Burns:
Page 3 of 8
Said MEMO of December 12, 1996, described Plaintiff's
previous effort(s) to locate and serve registered United States
Mail upon one "Sheryl Smith, Trustee" [sic] at the New Life
administrative offices. Said registered mail was sent with
restricted delivery and return receipt requested. Dr. Eugene A.
Burns signed the return receipt, which was then delivered to
Plaintiff via United States Mail.
Said MEMO of December 12, 1996, is attached hereto and
incorporated by reference as if set forth fully herein.
On January 3, 1997, Plaintiff prepared and mailed a third
NOTICE AND DEMAND to "Dr. Eugene A. Burns, D.C., N.D. [sic], New
Life Health Center Company, 4500 E. Speedway, Suite 27, Tucson
[zip code exempt], ARIZONA STATE", concerning the subject of
Plaintiff's wrongful discharge.
Said NOTICE AND DEMAND of January 3, 1997, stated a deadline
of ten (10) days within which Plaintiff demanded to receive a
written offer of compensation and compromise for all of the
damages, both specified and unspecified, which were itemized in
said NOTICE AND DEMAND of January 3, 1997.
Said NOTICE AND DEMAND of January 3, 1997, is attached
hereto and incorporated by reference as if set forth fully
herein.
To date, Dr. Burns has failed to respond timely to said
NOTICE AND DEMAND of January 3, 1997.
On March 5, 1997, Plaintiff prepared and mailed a fourth
NOTICE AND DEMAND to Dr. Eugene A. Burns at the New Life
administrative offices explaining that Plaintiff then possessed
documentary reasons to believe that one "Sheryl Smith" is not a
human being.
Affidavit of Default in re Dr. & Mrs. Eugene A. Burns:
Page 4 of 8
Said NOTICE AND DEMAND of March 5, 1997, also demanded that
Dr. Burns produce forthwith evidence of the whereabouts and
identity of the real "Sheryl Smith" [sic].
Said NOTICE AND DEMAND of March 5, 1997, stated a deadline
of 5:00 p.m., March 14, 1997, by which Plaintiff required
production of written evidence of said whereabouts and identity.
Said NOTICE AND DEMAND of March 5, 1997, also itemized the
presumptions under which Plaintiff would proceed, if said
evidence was not forthcoming within the stated deadline.
Said NOTICE AND DEMAND of March 5, 1997, is attached hereto
and incorporated by reference as if set forth fully herein.
To date, Dr. Burns has failed to respond timely to said
NOTICE AND DEMAND of March 5, 1997.
On March 5, 1997, Plaintiff prepared and mailed a fifth
NOTICE AND DEMAND to Mrs. Linda H. Burns at the New Life
administrative offices explaining that Plaintiff then possessed
documentary reasons to believe that one "Sheryl Smith" is not a
human being.
Said NOTICE AND DEMAND to Mrs. Burns also demanded that Mrs.
Burns produce forthwith evidence of the whereabouts and identity
of the real "Sheryl Smith" [sic].
Said NOTICE AND DEMAND to Mrs. Burns stated a deadline of
5:00 p.m., March 14, 1997, by which Plaintiff required production
of written evidence of said whereabouts and identity.
Said NOTICE AND DEMAND to Mrs. Burns also itemized the
presumptions under which Plaintiff would proceed, if said
evidence was not forthcoming within the stated deadline.
Affidavit of Default in re Dr. & Mrs. Eugene A. Burns:
Page 5 of 8
Said NOTICE AND DEMAND to Mrs. Burns is attached hereto and
incorporated by reference as if set forth fully herein.
To date, Mrs. Burns failed to respond timely to said NOTICE
AND DEMAND.
On March 15, 1997, Plaintiff prepared and mailed a letter
dated to "Carolyn Emerine, Program Director, Pima County
Attorney's Office, 32 North Stone, #1400, Tucson, Arizona state,"
requesting the assistance of that office with the evidence, which
Plaintiff has acquired and witnessed to date, of fraud and other
related and probable crimes connected with the rubber stamp
signature of "Sheryl Smith" [sic]. Said signature appears on
numerous bank checks and official trust documents of the New Life
Health Center Company.
Said letter dated March 15, 1997, to Carolyn Emerine is
attached hereto and incorporated by reference as if set forth
fully herein. To date, Ms. Emerine has failed to respond to this
letter of March 15, 1997.
On April 5, 1997, Plaintiff prepared and mailed a second
letter to "Carolyn Emerine, Program Director, Pima County
Attorney's Office, 32 North Stone, #1400, Tucson, Arizona state",
in the form of an AFFIDAVIT OF PROBABLE CAUSE.
Said AFFIDAVIT itemizes some of the evidence, which
Plaintiff has acquired and witnessed to date, of fraud and other
related and probable crimes connected with the rubber stamp
signature of "Sheryl Smith" [sic]. Said signature appears on
numerous bank checks and official trust documents of the New Life
Health Center Company.
Affidavit of Default in re Dr. & Mrs. Eugene A. Burns:
Page 6 of 8
Said letter of April 5, 1997, to Carolyn Emerine is attached
hereto and incorporated by reference as if set forth fully
herein.
To date, Ms. Emerine has failed to respond in any way to
this second letter dated April 5, 1997.
Further Affiant Sayeth Naught
Executed on April 10, 1997 and
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 Dr. & Mrs. Eugene A. Burns:
Page 7 of 8
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 DR. AND MRS. EUGENE A. BURNS
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 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 Dr. & Mrs. Eugene A. Burns:
Page 8 of 8
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Mitchell v. Nordbrock