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 # # #
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Mitchell v. Nordbrock