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 OF APPEAL, v. ) WITH AFFIDAVIT: ) Neil and Evelyn Nordbrock, ) A.R.S. 12-1179; et al., ) Thirteenth Amendment (1819); Defendants ) Art. I, Sec. 10, Cl. 1 ________________________________) COMES NOW Paul Andrew Mitchell, Sui Juris, Citizen of Arizona state, expressly not a citizen of the United States ("federal citizen"), federal witness, Counselor at Law, private attorney general, 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 Arizona Revised Statute ("ARS") 12-1179 and to Rule 201(d) of the Arizona Rules of Evidence, of this, Plaintiff's NOTICE OF APPEAL to the Superior Court of Arizona, of that portion of the final judgment [sic], whereby Mr. Walter U. Weber allegedly disallowed Plaintiff's lawful claim for breach of contract in the amount of $900.00 in legal services which Plaintiff provided to Defendants and invoiced Defendants for same, under a lawful contract for services performed and accepted. Said judgment was entered on November 12, 1997 A.D. Notice of Appeal: Page 1 of 8 AFFIDAVIT Plaintiff hereby testifies as follows: I, Paul Andrew Mitchell, Sui Juris, cannot presently afford to post bond for the costs of this appeal, due to systematic and premeditated economic retaliation perpetrated upon Me by the Defendants in the instant case, and by other unnamed officers, employees, and agents of the state and federal governments. As evidence of My dire economic situation, I hereby incorporate by reference My recent APPLICATION FOR LEAVE TO PROCEED IN FORMA PAUPERIS BY AFFIDAVIT as filed with the Arizona Court of Appeals, Division Two, which APPLICATION testifies to My present economic situation, as if the same were set forth fully herein. Further Plaintiff sayeth naught. 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 (outside) 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). Executed on: November 17, 1997 Respectfully submitted, /s/ Paul Andrew Mitchell Paul Andrew Mitchell, Sui Juris Citizen of Arizona state, federal witness (expressly not a citizen of the United States) All Rights Reserved without Prejudice Notice of Appeal: Page 2 of 8 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 OF APPEAL, BY AFFIDAVIT: A.R.S. 12-1179; Thirteenth Amendment (1819); Article I, Section 10, Clause 1 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 (fax line disconnected) c/o 6642 E. Calle de San Alberto Tucson, Arizona state Lawrence E. Condit VIA FAX TRANSMISSION c/o 376 South Stone Avenue to: (520) 624-8414 Tucson, Arizona state Mr. Walter U. Weber c/o 115 N. Church Avenue Tucson, Arizona state Hon. Robert J. Gibson c/o 115 N. Church Avenue Tucson, Arizona state Executed on November 17, 1997: /s/ Paul Andrew Mitchell ______________________________________________ Paul Andrew Mitchell, Sui Juris Citizen of Arizona state, federal witness (expressly not a citizen of the United States) All Rights Reserved without Prejudice Notice of Appeal: Page 3 of 8 Exhibit "A": APPLICATION FOR LEAVE TO PROCEED IN FORMA PAUPERIS BY AFFIDAVIT: People ex rel. Mitchell v. Pima County Consolidated Justice Court Superior Court case number #320831 Notice of Appeal: Page 4 of 8 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 ARIZONA COURT OF APPEALS DIVISION TWO People of Arizona state ) Case Number __________________ ex relatione ) Paul Andrew Mitchell, ) APPLICATION FOR LEAVE ) TO PROCEED IN FORMA PAUPERIS Petitioners, ) BY AFFIDAVIT: ) v. ) 28 U.S.C. 1746(1); ) Supremacy Clause Pima County Consolidated ) Justice Court, ) ) Respondent. ) ________________________________) COMES NOW Paul Andrew Mitchell, Sui Juris, Citizen of Arizona state, expressly not a citizen of the United States ("federal citizen"), federal witness, Counselor at Law, private attorney general, and Relator in the above entitled matter (hereinafter "Relator"), to petition this honorable Court for leave to proceed In Forma Pauperis, due in large part to a government campaign of systematic and premeditated economic retaliation which has been conducted against Relator during the past eighteen (18) months. AFFIDAVIT 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 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). See Supremacy Clause. Notice of Appeal: Page 5 of 8 Relator hereby testifies as follows, to wit: As of this writing, I currently possess a sum total of thirty-five cents ($$0.35) in United States coins. Said sum of 35 cents is all the "money" which I now possess. Ms. Joyce A. Goldsmith, Clerk of this honorable Court, has written a NOTICE to Me, dated November 5, 1997, that the Appellant(s)' filing fee in the instant case will be $115.00. I am willing to pay this amount, just as soon as I am able. I can and hereby do promise to pay this honorable Court said filing fee, provided that this Court issues to the Clerk a minor administrative ORDER to invoice Me for said amount, and to permit Me to make partial payments against said invoice during a period of ninety (90) days after receipt of invoice. I am currently the Plaintiff of record in the case of Mitchell v. Nordbrock, which is the original subject matter of the instant appeal. Said case is a civil action for recovery of money and other chattel property which I allege was unlawfully converted from My possession and control. The total amount of actual damages specified in the original complaint in said case is $4,602.00. However, I am seeking to transfer this case to the Superior Court of Arizona state, so as to enlarge the case considerably by naming numerous additional defendants, and by increasing the number and amount of actual damages claimed. Further Relator sayeth naught. Notice of Appeal: Page 6 of 8 REMEDY REQUESTED All premises having been duly considered, Relator respectfully requests this honorable Court of Appeals for an ORDER: (1) permitting Relator to proceed In Forma Pauperis for ninety (90) days, and (2) requiring the Clerk of this Court: (a) to invoice Relator for the filing fee, (b) to accept partial payments from Relator during this period of time, (c) to keep a ledger of payments received and current balance due, and (d) to make an immediate clerical correction to the named Parties, so as to reflect the facts that the People of Arizona state [sic] are the named Petitioners in the instant case, and Paul Andrew Mitchell is the Relator in the instant case. If it please this Court, Relator is willing to accept the Clerk's NOTICE dated November 5, 1997, as the starting invoice. Thank you very much for your kindness and consideration. Executed on: November 10, 1997 Respectfully submitted, /s/ Paul Andrew Mitchell Paul Andrew Mitchell, Sui Juris, Relator, Citizen of Arizona state, federal witness, Counselor at Law, private attorney general (expressly not a citizen of the United States) All Rights Reserved without Prejudice Notice of Appeal: Page 7 of 8 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): APPLICATION FOR LEAVE TO PROCEED IN FORMA PAUPERIS BY AFFIDAVIT: 28 U.S.C. 1746(1); Supremacy Clause by placing one true and correct copy of said document(s) in first class U.S. Mail, with postage prepaid and properly addressed to: Arizona Attorney General [via fax transmission] c/o 400 W. Congress, Ste. S-214 Tucson, Arizona state Clerk of Court Arizona Court of Appeals c/o 400 W. Congress, Ste. 200 Tucson, Arizona state Pima County Attorney Civil Division c/o 32 North Stone Ave., Ste. 1500 Tucson, Arizona state Pima County Consolidated Justice Court Attention: Hon. Robert J. Gibson c/o 115 N. Church Avenue Tucson, Arizona state Executed on November 10, 1997: /s/ Paul Andrew Mitchell ______________________________________________ Paul Andrew Mitchell, Sui Juris Citizen of Arizona state, federal witness (expressly not a citizen of the United States) All Rights Reserved without Prejudice Notice of Appeal: Page 8 of 8 # # #
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Mitchell v. Nordbrock