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 ) ) NOTICE AND DEMAND FOR v. ) MANDATORY JUDICIAL NOTICE: ) Rule 201(d), Arizona Rules Neil and Evelyn Nordbrock, ) of Evidence Defendants ) ________________________________) COMES NOW Paul Andrew Mitchell, Sui Juris, Citizen of Arizona state and Plaintiff in the above entitled matter (hereinafter "Plaintiff"), to provide formal Notice to all interested parties, and to demand mandatory judicial notice by this honorable Court, pursuant to Rule 201(d) of the Arizona Rules of Evidence, of the several documents which are itemized infra. True and correct copies of said documents are attached hereto and incorporated by reference as if set forth fully herein. Mandatory judicial notice leaves no room for discretion on the part of this honorable Court, since the legislative intent of the word "shall" in Rule 201(d) has a compulsory meaning. Confer at "shall" in Black's Law Dictionary, Sixth Edition. The attached eight (8) documents include the following, arranged in the order listed, to wit: Thirteenth Notice and Demand for Mandatory Judicial Notice: Page 1 of 4 True and correct photocopies of the Legal Mail envelopes which were returned and/or refused by the following named individuals: Destination Status ------------------------------- ------- 1. Mr. and Mrs. Herb Alkire REFUSED 4741 W. Camino Tierra Tucson, Arizona 85746/tdc 2. Dr. and Mrs. Eugene A. Burns REFUSED 4500 E. Speedway, #27 Tucson, Arizona state 3. Tim Hay REFUSED 4500 E. Speedway, #27 Tucson, Arizona state 4. Richard Rineer UNCLAIMED 4841 E. Speedway Tucson, Arizona state 5. Rachel Saull [sic] REFUSED [sic] 4500 E. Speedway, #27 Tucson, Arizona state 6. Sheryl Smith [sic] REFUSED [sic] 4500 E. Speedway, #27 Tucson, Arizona state 7. Sheila Terese Wallen REFUSED c/o General Delivery Arivaca, Arizona state 8. Mr. and Mrs. Gregory Valdez REFUSED 3233 Honeysuckle Palmdale, California state 93550/tdc Plaintiff respectfully directs the attention of this Court to the pleading entitled NOTICE OF INTENT TO PETITION FOR LEAVE TO AMEND ORIGINAL COMPLAINT AND TO NAME NEW DEFENDANTS (hereinafter "NOTICE OF INTENT"), previously executed, filed, and served upon all named individuals and all interested party(s). Plaintiff hereby requests formal judicial Notice of the names listed above, in anticipation of requesting leave of this Court to effect legal service upon same by means of alternative lawful method(s), at the discretion of this Court. Thirteenth Notice and Demand for Mandatory Judicial Notice: Page 2 of 4 Plaintiff also provides formal Notice to all interested party(s), and demands mandatory judicial Notice by this honorable Court, that Plaintiff now proceeds, until further notice, on the basis of the presumption that all other individuals named in said NOTICE OF INTENT have received and accepted same, and that the mailing locations used therein are valid for all intents and purposes, including, but not limited to, effecting service of process by mail directed to their "last known address" [sic]. VERIFICATION I, Paul Andrew Mitchell, Sui Juris, hereby verify, under penalty of perjury, under the laws of the United States of America, without the "United States" (federal government), that the attached documents are true and correct copies of the originals, with the sole exception of the original blue-ink signatures, which signatures I hereby apply to said documents by proxy, to the best of My current information, knowledge, and belief, so help Me God, pursuant to 28 U.S.C. 1746(1). See Supremacy Clause. Dated: May 16, 1997 Respectfully submitted, /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 Thirteenth Notice and Demand for Mandatory Judicial Notice: Page 3 of 4 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): NOTICE AND DEMAND FOR MANDATORY JUDICIAL NOTICE: Rule 201(d), Arizona Rules of Evidence 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 May 16, 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 Thirteenth Notice and Demand for Mandatory Judicial Notice: Page 4 of 4 # # #
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Mitchell v. Nordbrock