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, ) MR. W. U. WEBER
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 MR. W. U. WEBER, who is currently alleging to be the
Justice of the Peace presiding over the instant case now before
this honorable Court.
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 Mr. W. U. Weber:
Page 1 of 5
AFFIDAVIT OF DEFAULT
I, Paul Andrew Mitchell, Sui Juris, hereinafter Plaintiff in
the above entitled case, hereby verify that:
On June 17, 1997, I prepared, executed, filed, and served a
document entitled NOTICE AND DEMAND FOR PRODUCTION OF REQUIRED
OATH OF OFFICE in the instant case, and served same separately
upon Mr. W. U. Weber, Pima County Consolidated Justice Court, c/o
115 North Church Avenue, Tucson, Arizona state, via first class
United States Mail.
In said NOTICE AND DEMAND, I demanded that Mr. W. U. Weber
file a certified copy of his requisite oath of office in the
official record of the instant case, and also serve same on all
interested party(s), no later than 5:00 p.m. on Friday, June 20,
1997.
As of 5:00 p.m. on Friday, June 20, 1997, I had not received
the required oath of office from Mr. W. U. Weber.
Between Friday, June 20, 1997, and July 8, 1997, I have
received absolutely nothing whatsoever from Mr. W. U. Weber, or
from anyone else, concerning his required oath of office.
I hereby testify to Mr. W. U. Weber's default for failing to
produce certified evidence of Mr. W. U. Weber's solemn oath of
office, as required by Article VI, Clause 3, in the Constitution
for the United States of America, as lawfully amended.
I hereby also testify to the applicability hereinafter of
the two court cases cited in said NOTICE AND DEMAND, namely,
State v. Bernoudy, 36 Mo. 279 (1865), and Respublica v. Wray, 2
Yeates (Pa.) 429 (1799), as cited at 51 C.J. page 319, note 65,
whereby failure to qualify by filing a bond and taking the oath
required is ground for ouster by quo warranto.
Further Affiant Sayeth Naught.
Affidavit of Default in re Mr. W. U. Weber:
Page 2 of 5
Executed on July 8, 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 Mr. W. U. Weber:
Page 3 of 5
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 MR. W. U. WEBER
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
Affidavit of Default in re Mr. W. U. Weber:
Page 4 of 5
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
Affidavit of Default in re Mr. W. U. Weber:
Page 5 of 5
# # #
Return to Table of Contents for
Mitchell v. Nordbrock