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