First Class U.S. Mail c/o 2509 N. Campbell, #1776
Tucson [zip code exempt]
ARIZONA REPUBLIC
November 30, 1996
Dr. Eugene A. Burns, D.C., N.D.
New Life Health Center Company
4500 E. Speedway, Suite #27
Tucson [zip code exempt]
ARIZONA REPUBLIC
Subject: Wrongful Discharge
SECOND NOTICE AND DEMAND
Dear Gene:
This is a formal notice to You that I have vacated the
business office which the Trust was providing to Me at the above
location. I have left the two office keys on the shelves mounted
on the wall adjacent to the office hallway, next to the
refrigerator. I have given Susan Shew Your copy of Black's Law
Dictionary and the three volumes on banking law which You
purchased (one 3-ring binder was never shipped by the publisher).
If You are missing anything else, please let Me know in writing
at once, and I will return it immediately if I agree that it is
Yours and if I took it by mistake when I had to move out on such
short notice.
This is also My formal demand that You perform Your
obligations to Me in My capacity as Vice President for Legal
Affairs of New Life Health Center Company. The following
compensation is due to Me:
last pay check, dated 6/30/96, was $300.00,
which is $200.00 short of My last full paycheck $200.00
pay due for period 7-1-96 to 7-8-96 $500.00
pay due for period 7-8-96 to 7-15-96 $500.00
pay due for period 7-15-96 to 7-22-96 $500.00
pay due for period 7-22-96 to 7-25-96
(pro rated 4/5 x $500.00) $400.00
-------
Subtotal: $2,100.00
I also demand that You compensate Me for the following
unspecified damages:
1. You violated the non-disclosure agreement which You had
with the Trust, and were fully aware when You signed it
that criminal liability attached to violations of said
agreement. You filed this non-disclosure agreement in
the United States District Court in Tucson, Arizona,
under penalty of perjury, and utilized it as an
argument justifying Your refusal to disclose records to
a federal grand jury.
2. My fundamental Right to privacy was also violated when
You violated the Trust's non-disclosure agreement.
3. You were negligent for failing to provide Me with the
option to disclose My cancelled pay checks, or not to
disclose them, to outside persons. In Tim's presence,
I witnessed You culling cancelled checks which You felt
would incriminate You before a federal grand jury,
because of trust funds which You co-mingled with Your
personal account(s) for Your own personal benefit.
4. My discharge was arbitrary, capricious, and just plain
wrong, because You and others around You blamed Me for
the consequences that resulted from Your failure to
appear in court, and Your decision to surrender to the
FBI with a bar member over My objections and/or when I
was in-flight on Your behalf to the Ninth Circuit Court
of Appeals. You complained that I was "out of touch"
when I was at 35,000 feet en route to San Francisco, to
file pleadings for Your Emergency Motion.
5. As a consequence of the painful and unnecessary ill
will which resulted from Your actions described in 4.
above, My professional reputation has been damaged
because of the requirement that I now explain why My
tenure at the Trust was terminated so abruptly,
arbitrarily, capriciously, and wrongfully.
6. In front of three witnesses, You openly admitted that
You were considering a guilty plea in anticipation of a
federal grand jury indictment. In light of all the
conclusive evidence which I presented to You to prove
that there are no federal income tax statutes to
violate (e.g. IRC 7851(a)(6)(A)), You must have had
some other criminal statute(s) in mind. I reserve My
Right to hold You personally liable to Me for all the
unnecessary pain and suffering which Your admission has
caused to Me.
7. You agreed to pursue the Petition for a Rehearing En
Banc and, upon that agreement, I proceeded to prepare
the necessary Petition to the Ninth Circuit, which You
then decided not to file. This had the consequence of
destroying most, if not all, of the legal foundation
which I had prepared on behalf of the Trust and other
American People similarly situated, preventing other
Trust officers, all other co-workers, and the American
People in general from ever enjoying the benefits of
that foundation, which was prepared as much for Them as
it was for You.
8. You aided and abetted in an act of wire fraud upon Me,
when You allowed Susan Shew to use My name, without any
signature, on a work order which She faxed from her
home to E-Z Messenger Service, and then You made
excuses for her failure to get prior permission from Me
to use My name in that fashion. When I attempted to
investigate this wire fraud by presenting You with
written evidence of it, You fell silent.
9. You discharged Me without the benefit of a termination
notice from the Trustee of New Life Health Center
Company, making it necessary for Me to question whether
or not You had any authority to do so. My appointment
contract was signed by the Trustee, so I am entitled to
proceed on the basis of this proof that only the
Trustee had authority to hire and fire officers of the
Trust.
10. I am currently entitled to two percent (2%) of the
gross revenues to be derived from Internet sales of New
Life Health Center's products and services, because of
the agreement which You made with Me to that end, and
because My computer expertise helped to open that
opportunity for the Trust. I must proceed on the basis
of the presumption that the Trust now has no intention
of ever performing under this agreement, resulting in
further damages still to Me.
11. You violated My fundamental Right to personal privacy
when you stated that I had not been using the
condominium which you helped Me to rent, and you
demanded that I disclose my "plans" to you and the
landlord, Neal Manning, at once. This put Me under a
cruel and unusual punishment, on top of the wrongful
discharge and the demand that I vacate the Trust's
business office. Was it Your intention to throw Me out
onto the street and, if so, for what specific conduct
by Me?
12. I must now waste the set of business cards which I had
printed at My own expense, because they exhibit fax and
telephone numbers which are in Your business office.
I will look forward to knowing that the federal grand jury
in the matter of New Life Health Center Company has decided
against issuing any indictments against You or the Trust, in
large part because of all the many overtime hours of difficult
and productive work which I performed on behalf of You, Your
Spouse, and the Trust.
As you already know, this work is now a matter of official
record in the United States District Court, Judicial District of
Arizona, Tucson, U.S.D.C. Case Number #GJ-95-1-6-JMR, Appeal
Number #96-16145.
For the record, I hope you will tell the truth about the
many times You complimented Me for all that work, and encouraged
Me to continue with the chosen strategy, particularly while that
work was being done in Your presence and under Your direct and
immediate supervision.
NOTICE OF DEADLINE
If, within ten (10) calendar days, I do not receive from You
a written offer of compensation and compromise for all of the
damages which I have sustained to date and which are itemized
above, I will take appropriate action to enforce My Rights.
VERIFICATION
I hereby certify, under penalty of perjury, under the laws o
the United States of America, without the "United States", that
the above statement of facts is true and correct, to the best of
My current information, knowledge, and belief, so help Me God and
pursuant to 28 U.S.C. 1746(1).
Thank You for Your cooperation and consideration.
Sincerely yours,
/s/ Paul Andrew Mitchell
Paul Andrew, Mitchell, B.A., M.S.
Citizen of Arizona state,
Counselor at Law, and federal witness
All Rights Reserved without Prejudice
copies: Neil Nordbrock, witness
Sheryl Smith, Trustee, New Life Health Center
Richard Rineer, New Life Health Center
Susan Shew, New Life Health Center
litigation files
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Mitchell v. Nordbrock