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, expressly not a citizen of the United States ("federal
citizen") 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 attached documents and related cases which are itemized
infra.
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 documents include the following, arranged in
the order listed, to wit:
Fifteenth Notice and Demand for Mandatory Judicial Notice:
Page 1 of 6
(1) MEMO to Rich Scully, dated March 17, 1997, detailing a
total of $13,350.25 in damages, including but not
limited to at least 100 hours of Plaintiff's
professional time to prepare and file all the pleadings
submitted by Plaintiff in the instant case, up to and
including March 17, 1997;
(2) MEMO to Mr. and Mrs. Neil T. Nordbrock, dated January
21, 1997, claiming an asset value of $350,000.00 in
Plaintiff's one gigabyte (1GB) JAZ disk cartridge,
which Defendants converted unlawfully into their own
possession and control, in violation of Plaintiff's
Common-Law Copyright to same. Confer at "Common-law
copyright" in Black's Law Dictionary, Sixth Edition.
The following related cases also have a direct bearing on
the instant case, to wit:
(1) Metro Collections v. Meggers, 180 Ariz. 570, 886 P.2d
649 (App. Div.1 1994). The following abstracts of this
case are found in subject heading 11 -- Attorney's
fees, amount involved -- in the Notes of Decisions
following ARS 22-201, to wit:
Attorney fees claimed pursuant to contract
provisions specifically providing for such award
do not have to be excluded in determining whether
amount involved exceeds $5,000, pursuant to
statute providing that justices of the peace have
exclusive original jurisdiciton when amount
involved, exclusive of interest, costs and award
of attorney fees when authorized by law, is $5,000
or less. [citing Metro supra]
[emphasis added]
Amount involved exceeded $5,000, and, thus,
justices of the peace did not have exclusive
original jurisdiction and action could be brought
in superior court, where debt collector's action
against debtor sought credit card balance of
$4,980.21 plus $1,659 in contractual attorney
fees. [citing Metro supra]
[emphasis added]
(2) Sua Sponte ORDER of U.S. Bankruptcy Judge Lawrence
Ollason In Re Eugene A. & Linda H. Burns, case number
#96-01624-TUC-LO, U.S. Bankruptcy Court, District of
Arizona, Tucson, filed on June 24, 1997, quoted in
pertinent part as follows:
On June 5, 1997 the Application of James Everett
for payment of administrative expense came on for
hearing. At that hearing this court informed
counsel it had consulted with Mr. Everett in the
past and therefore believed case should be
referred to another judge. There is a related
case number 93-06051-PHX-GBN NEW LIFE HEALTH
CENTER CO. pending in Phoenix, Arizona.
Therefore, purusant [sic] to the Judicial Code of
Conduct, the Court sua sponte makes this motion
for disqualification and recusal from this case as
soon as possible and practicable. The Court
HEREBY ORDERS:
Fifteenth Notice and Demand for Mandatory Judicial Notice:
Page 2 of 6
1. That the Court's sua sponte motion for
disqualification and recusal from
presiding over further proceedings and
further contact with this case hereby
declared.
2. That case be transferred to Phoenix, Az
and assigned to a new judge.
3. That the Clerk of the Court shall
provide a copy of this order to all
parties on the master mailing list.
4. That the Clerk of the Court shall notify
all parties on the master mailing list
of the new judge when the new judge has
been assigned to this case.
/s/ LAWRENCE OLLASON
UNITED STATES BANKRUPTCY JUDGE
[emphasis added]
(3) OPENING BRIEF in U.S.A. v. Gilbertson and Gilbertson v.
U.S. et al., filed on June 18, 1997, United States
Court of Appeals for the Eighth Circuit, case number
#97-2099-MNST, containing a formal challenge to the
federal Jury Selection and Service Act, 28 U.S.C. 1861
et seq., for exhibiting prohibited discrimination
against the class of People known as Citizens of the
United States of America, also known as state Citizens,
who are not also citizens of the United States, also
known as federal citizens, by Right of Election.
Confer at "Federal citizenship" in Black's supra.
(4) MOTION TO STAY MANDATE AND PROCEEDINGS, PENDING
DISCOVERY OF DOCUMENTS REQUESTED UNDER THE FOIA, AND
FINAL RESOLUTION OF CHALLENGE TO CONSTITUTIONALITY OF
THE JURY SELECTION AND SERVICE ACT in U.S.A. v. Pixley,
filed on June 25, 1997, United States Court of Appeals
for the Second Circuit, case number #96-1476,
containing a formal challenge to the federal Jury
Selection and Service Act, 28 U.S.C. 1861 et seq., for
exhibiting prohibited discrimination against the class
of People known as Citizens of the United States of
America, also known as state Citizens, who are not also
citizens of the United States, also known as federal
citizens, by Right of Election.
Fifteenth Notice and Demand for Mandatory Judicial Notice:
Page 3 of 6
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 above
statements of fact are true and correct, and the attached
documents are true and correct copies of the originals, with the
sole exception of any 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: July 8, 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
Fifteenth Notice and Demand for Mandatory Judicial Notice:
Page 4 of 6
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 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
Fifteenth Notice and Demand for Mandatory Judicial Notice:
Page 5 of 6
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
Fifteenth Notice and Demand for Mandatory Judicial Notice:
Page 6 of 6
# # #
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Mitchell v. Nordbrock