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 v. ) TO TRANSFER CASE ) TO SUPERIOR COURT Neil and Evelyn Nordbrock, ) OF ARIZONA STATE: Defendants ) ___________________________) ARS 22-201(F) 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 provide Notice to all interested party(s) that the jurisdictional limit of this Court has been exceeded, and to demand that this honorable Court transfer the instant case to the Superior Court of Arizona, Pima County, pursuant to Arizona Revised Statute ("ARS") 22-201(F), to wit: F. If in any action before a justice of the peace a party files a verified pleading which states as a counterclaim a claim in which the amount involved, exclusive of interest and costs, is more than five thousand dollars, the justice shall so certify in his docket, and at once stop further proceedings in the action, and forward all papers, together with a certified copy of his docket entries in the action, to the superior court, where the action shall be docketed and determined as though originally brought in the superior court. Such party shall pay to the clerk of the superior court the same fees required to be paid by a defendant, and no other party in the action before the justice of the peace shall be required to pay any sum. [emphasis added] Notice and Demand to Transfer Case to Superior Court: Page 1 of 4 In support of Plaintiff's NOTICE AND DEMAND made herein, this honorable Court is directed to the RULE 26.1 DISCLOSURE STATEMENT OF DEFENDANTS/COUNTERCLAIMANTS, as recently served upon Plaintiff via U.S. Mail and allegedly filed in the instant case by "Lawrence E. Condit, P.C., Attorney for Defendant/Counter- claimant" [sic] (hereinafter "Mr. Condit"). In said pleading, Mr. Condit alleges as follows: The Nordbrocks are not seeking any damages as defendants, other than its [sic] attorney's fees and recoverable costs incurred in defending Mitchell's complaint, but seeks [sic] compensatory and punitive damages for Mitchell's defamation in the amount of $250,000. [page 4, line 27] Accordingly, the record now appears to evidence, as a counterclaim, a claim in which the amount involved is more than $5,000. For the record, Plaintiff enters a standing objection to the use of neuter pronouns and/or nommes de guerre (name all in CAPITAL LETTERS) to identify living human beings. This Court is directed to Arizona Rules of Court, State and Federal (1994), FORM II(b), Warrant for Arrest (Superior Court), for the correct court caption. See also 31 CFR 51.2 and 52.2. REMEDY DEMANDED Wherefore, all premises having been duly considered, Plaintiff hereby demands that this Court certify in the docket that a counterclaim appears to evidence a claim in which the amount involved is more than $5,000, and at once stop further proceedings in the instant action, and forward all papers, together with a certified copy of the docket entries in the instant action, to the Superior Court of Arizona state, where the action shall be docketed and determined as though originally brought in the Superior Court of Arizona state, Pima county. Notice and Demand to Transfer Case to Superior Court: Page 2 of 4 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 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). See Supremacy Clause. Dated: May 17, 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 Notice and Demand to Transfer Case to Superior Court: 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 TO TRANSFER CASE TO SUPERIOR COURT OF ARIZONA STATE: ARS 22-201(F) 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 17, 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 Notice and Demand to Transfer Case to Superior Court: Page 4 of 4 # # #
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Mitchell v. Nordbrock