Paul Andrew Mitchell, Sui Juris
Citizen of Arizona state
c/o General Delivery at:
2509 North Campbell Avenue
Tucson, Arizona state
 
In Propria Persona
 
Under Protest and Without Prejudice
By Special Visitation Only
 
 
 
 
 
 PIMA COUNTY CONSOLIDATED JUSTICE COURT
 
 
Paul Andrew Mitchell, ) Case Number #CV-97-3438
 Plaintiff, )
 ) PLAINTIFF'S VERIFIED
 v. ) CRIMINAL COMPLAINT AND
 ) AFFIDAVIT OF PROBABLE CAUSE:
 )
Neil and Evelyn Nordbrock, ) Rule 201(d),
et al., ) Arizona Rules of Evidence;
 Defendants. ) 28 U.S.C. 1746(1);
 ) Supremacy Clause;
 ) Universal Declaration of
 ) Human Rights; International
 ) Covenant on Civil and Political
 ) Rights, enacted with explicit
___________________________) reservations by the U.S. Congress
 
 
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 Rule 201(d) of the Arizona Rules of Evidence, of
 
this, PLAINTIFF'S VERIFIED CRIMINAL COMPLAINT AND AFFIDAVIT OF
 
PROBABLE CAUSE, charging the following named individual with the
 
corresponding crimes enumerated infra.
 
 
 Plaintiff's Verified Criminal Complaint & Affidavit:
 Page 1 of 23

 Plaintiff hereby formally charges:
 
Mr. Lawrence E. Condit with:
 
 making a false entry in a book, report, or statement of the
 Bank of America, Downtown Branch, Tucson, Arizona state,
 with intent to injure or defraud Plaintiff, in violation of
 18 U.S.C. 1005 and of 18 U.S.C. 1344 (one count each);
 
 placing in a post office a fraudulent bank check to be
 delivered by the United States Postal Service to Plaintiff
 for the sole purpose of executing a scheme or artifice to
 defraud Plaintiff, in violation of 18 U.S.C. 1341 (one
 count).
 
 AFFIDAVIT OF PROBABLE CAUSE
 
I, Paul Andrew Mitchell, Sui Juris, hereinafter "Plaintiff" in
 
the above entitled matter, hereby testify as follows, to wit:
 
 On November 18, 1997, I received via general delivery at the
 
Post Office located at 2509 North Campbell Avenue, Tucson,
 
Arizona state, a letter from Sir Lawrence E. Condit, Esquire,
 
(hereinafter "Sir Condit"), dated November 14, 1997, alleging to
 
transmit a bank check drawn on his trust account in satisfaction
 
of the final judgment in the instant case. A true and correct
 
copy of said letter is attached hereto and incorporated by
 
reference as if set forth fully herein. See Exhibit "A".
 
 On November 18, 1997, in the same envelope from Sir Condit,
 
I also received bank check #7013 dated November 14, 1997, and
 
drawn on the Clients Trust Account [sic] of LAWRENCE E. CONDIT,
 
ATTORNEY AT LAW P.C. [sic], at the Downtown Office of the Bank of
 
America, Tucson, Arizona, account #007013-122101706-012-293269,
 
in the amount of Three Thousand One Hundred Thirteen Dollars and
 
42/100's ($3,113.42). A true and correct copy of said bank check
 
is attached hereto and incorporated by reference as if set forth
 
fully herein. See Exhibit "B".
 
 On November 18, 1997, in the same envelope from Sir Condit,
 
I also received a proposed ORDER purporting as follows:
 
 
 Plaintiff's Verified Criminal Complaint & Affidavit:
 Page 2 of 23

 in satisfaction of judgment: See attached check. [sic].
 
A true and correct copy of said proposed ORDER is attached hereto
 
and incorporated by reference as if set forth fully herein. See
 
Exhibit "C".
 
 A true and correct copy of said envelope is attached hereto
 
and incorporated by reference as if set forth fully herein. See
 
Exhibit "D".
 
 Also on November 18, 1997, immediately after receiving but
 
not accepting said envelope, I went straightaway to the Downtown
 
Office of the Bank of America at 33 North Stone Avenue, Tucson,
 
Arizona state. There, I inquired of the first available bank
 
teller, whether or not there were sufficient funds in said
 
Clients Trust Account to cash Sir Condit's check #7013.
 
 Ms. Linda Smith (hereinafter "Ms. Smith") queried the
 
computer terminal at her teller station and reported to Me that
 
there were, in fact, sufficient funds in said account.
 
 After a brief discussion of various negotiable alternatives,
 
I requested Ms. Smith to prepare a standard cashier's check.
 
 At that moment, Ms. Smith asked Me to disclose the sequence
 
number of  Sir Condit's bank check. I responded by informing Ms.
 
Smith that the sequence number was #7013 (number seven, zero,
 
one, three).
 
 Ms. Smith then informed Me that there was a STOP PAYMENT
 
order on check number #7013.
 
 I then requested Ms. Smith to disclose to Me what, if any,
 
reasons were stated for this alleged STOP PAYMENT order.
 
 Ms. Smith then informed Me that her computer was reporting
 
"wrong amount" [sic] as the reason for the STOP PAYMENT order.
 
 
 Plaintiff's Verified Criminal Complaint & Affidavit:
 Page 3 of 23

 I then requested Ms. Smith to prepare a written confirmation
 
of this STOP PAYMENT order, but she then told Me that she would
 
need to call her supervisor.
 
 Within minutes after calling her supervisor, Ms. Doriann
 
Foti ("Ms. Foti") came to Ms. Smith's teller window, and
 
confirmed to Me that a STOP PAYMENT order was, in fact, showing
 
on check number #7013.
 
 I then repeated to Ms. Foti My request for written
 
confirmation of this alleged STOP PAYMENT order, and she
 
explained that she needed to call the staff legal counsel of Bank
 
of America.
 
 Ms. Foti then called the staff legal counsel of Bank of
 
America and explained the situation, with Ms. Smith and Me
 
standing close enough to hear Ms. Foti's half of her conversation
 
with the staff legal counsel of Bank of America.
 
 Upon ending that conversation, Ms. Foti explained to Me that
 
bank policy prevented Bank of America from executing and giving
 
Me any written confirmations of the alleged STOP PAYMENT order.
 
 At that point, I asked Ms. Foti if she was a bank officer,
 
and she responded by saying that she was not a bank officer.
 
 I then requested a bank officer, and Ms. Foti picked up the
 
phone again and summoned Mr. Ken Binion, Branch Manager of the
 
Bank of America, Downtown Office, Tucson, Arizona state.
 
 Upon arriving at Ms. Smith's teller station, Mr. Binion also
 
confirmed the alleged STOP PAYMENT order on Sir Condit's check
 
#7013.
 
 Mr. Binion also confirmed that bank policy did, indeed,
 
prevent Bank of America from executing and giving Me any written
 
confirmation(s) of the alleged STOP PAYMENT order by Sir Condit.
 
 
 Plaintiff's Verified Criminal Complaint & Affidavit:
 Page 4 of 23

 At that point, I expressed My deep disappointment with the
 
fact that I could not transact check #7013.
 
 I also informed Ms. Smith, Ms. Foti, and Mr. Binion that I
 
planned to subpoena all three (3) of them as material witnesses
 
to the fact that a STOP PAYMENT order had been placed on check
 
#7013 in Sir Condit's Clients Trust Account.
 
  I also expressed My sincere belief that said STOP PAYMENT
 
order constituted probable cause to charge Sir Condit with bank
 
fraud and also with mail fraud, both federal offenses.
 
 I also obtained Ms. Foti's business card.
 
 To commemorate that encounter with Ms. Smith, Ms. Foti, and
 
Mr. Binion at the Bank of America, I annotated Sir Condit's
 
letter dated November 14, 1997, with the following statement of
 
fact, to wit:
 
 11/18/97 3 Bank of America employees witnessed STOP PAYMENT
 order on check #7013, account #007013-122101706, amount of
 $3,113.42, reason: "wrong amount". Judgment was for
 $3,113.42!
 
 
 A true and correct copy of said annotated letter is attached
 
hereto and incorporated by reference as if set forth fully
 
herein. See Exhibit "E".
 
 I then exited the Bank of America, Downtown Branch, Tucson,
 
Arizona state, and proceeded next to the office of Mr. Charles
 
"Bud" Miltenberger ("Mr. Miltenberger"), Program Director, Bad
 
Check Program, in the office of the Pima County Attorney, 1400
 
Legal Services Building, 32 North Stone Avenue, Tucson, Arizona
 
state.
 
 I then met briefly with Mr. Miltenberger and proceeded to
 
explain what had happened, up to that point in time, with Sir
 
Condit's check #7013.
 
 
 Plaintiff's Verified Criminal Complaint & Affidavit:
 Page 5 of 23

 Mr. Miltenberger sympathized with My situation, but
 
explained that he required exhibition of a copy of check #7013
 
which was annotated by the Bank of America with the nomenclature
 
"STOP PAYMENT ORDERED", or words to that effect.
 
 I obtained Mr. Miltenberger's business card.
 
 True and correct copies of Ms. Foti's business card, and of
 
Mr. Miltenberger's business card, are attached hereto and
 
incorporated by reference as if set forth fully herein.
 
 After receiving said business cards, I mounted same on a
 
single sheet of paper and annotated said sheet with the following
 
text, to wit:
 
 Witnesses to probable bank fraud and mail fraud [sic]
 
 
See Exhibit "F".
 
 I then exited Mr. Miltenberger's office and proceeded next
 
to the public counter of the Clerk of Court, Pima County
 
Consolidated Justice Court, located at 115 North Church Avenue,
 
Tucson, Arizona state.
 
 When it came My turn to approach the Clerk's window, I
 
explained what had transpired that day with Sir Condit's check
 
#7013.  At first, the counter clerk appeared to Me to be somewhat
 
dubious about the story I had just told her.
 
 However, said counter clerk did agree to query the docket
 
computer and, after doing so, searched the docket file for the
 
final judgment entry in the instant case.
 
 At that moment, the counter clerk verbally confirmed to Me
 
that the final judgment, as found in the docket computer, showed
 
an amount of $3,113.42. This was the exact amount, to the penny,
 
showing on Sir Condit's check #7013.
 
 
 Plaintiff's Verified Criminal Complaint & Affidavit:
 Page 6 of 23

 On November 19, 1997, I prepared and executed a CONSTRUCTIVE
 
NOTICE AND DEMAND and mailed same to Sir Lawrence E. Condit,
 
Esquire, c/o 376 South Stone Avenue, Tucson, Arizona state.
 
 I also transmitted said CONSTRUCTIVE NOTICE AND DEMAND to
 
Sir Condit via facsimile to fax number: (520) 624-8414.
 
 A true and correct copy of said CONSTRUCTIVE NOTICE AND
 
DEMAND is attached hereto and incorporated by reference as if set
 
forth fully herein. See Exhibit "G".
 
 On November 21, 1997, I received, but did not accept, a two-
 
page (2-page) pleading from Sir Condit entitled NOTICE OF
 
WITHDRAWAL OF ORDER INDICATING SATISFACTION OF JUDGMENT.
 
 True and correct copies of said pleading, and of the first
 
class United States Mail envelope in which it was transmitted,
 
are attached hereto and incorporated by reference as if set forth
 
fully herein. See Exhibit "H".
 
 After receiving but not accepting said NOTICE OF WITHDRAWAL,
 
I prepared and transmitted via facsimile to Sir Condit a one-page
 
(1-page) message with the following text, to wit:
 
 5:00 p.m. Condit! [sic]
 
 
 A true and correct copy of said one-page message is attached
 
hereto and incorporated by reference as if set forth fully
 
herein. See Exhibit "I" ("eye").
 
 After transmitting said one-page message to Sir Condit via
 
fax, I annotated Sir Condit's letter dated November 14, 1997,
 
with the following nomenclature: REFUSED FOR FRAUD, and
 
transmitted same to Sir Condit via fax. A true and correct copy
 
of said annotated letter is attached hereto and incorporated by
 
reference as if set forth fully herein. See Exhibit "J".
 
 
 Plaintiff's Verified Criminal Complaint & Affidavit:
 Page 7 of 23

 I also annotated Sir Condit's alleged ORDER in Satisfaction
 
of judgment with the following nomenclature: REFUSED FOR FRAUD,
 
and transmitted same to Sir Condit via fax. A true and correct
 
copy of said annotated ORDER is attached hereto and incorporated
 
by reference as if set forth fully herein. See Exhibit "K".
 
 I also annotated the first class U.S. Mail envelope in which
 
Sir Condit had transmitted said letter dated November 14, 1997,
 
and said proposed ORDER, with the following nomenclature:
 
REFUSED FOR FRAUD, and transmitted same to Sir Condit via fax. A
 
true and correct copy of said annotated envelope is attached
 
hereto and incorporated by reference as if set forth fully
 
herein. See Exhibit "L".
 
 I also annotated the pleading entitled NOTICE OF WITHDRAWAL
 
OF ORDER INDICATING SATISFACTION OF JUDGMENT, and the U.S. Mail
 
envelope in which it was delivered via U.S. Mail, with the
 
following nomenclature: REFUSED FOR FRAUD, and transmitted same
 
to Sir Condit via fax. True and correct copies of said annotated
 
pleading, and of the first class U.S. Mail envelope in which it
 
was delivered, are attached hereto and incorporated by reference
 
as if set forth fully herein. See Exhibit "M".
 
 
 VERIFICATION
 
 I, Paul Andrew Mitchell, Sui Juris, Citizen  of Arizona
 
state, 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).
 
 
 Plaintiff's Verified Criminal Complaint & Affidavit:
 Page 8 of 23

Dated: November 21, 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
 
 
 Plaintiff's Verified Criminal Complaint & Affidavit:
 Page 9 of 23

 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):
 
 PLAINTIFF'S VERIFIED CRIMINAL COMPLAINT
 AND AFFIDAVIT OF PROBABLE CAUSE:
  Rule 201(d), Arizona Rules of Evidence;
 28 U.S.C. 1746(1); Supremacy Clause;
 Universal Declaration of Human Rights;
 International Covenant on Civil and Political Rights,
 enacted with explicit Reservations
 
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 (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 Carl R. Davison III
c/o 115 N. Church Avenue c/o 270 S. Stone Avenue
Tucson, Arizona state Tucson, Arizona state
 
James B. Martin Timothy J. Cranshaw
c/o 270 S. Stone Avenue  c/o 103 E. Alameda, 1st Floor
Tucson, Arizona state Tucson, Arizona state
 
Hon. Robert J. Gibson, C.J. Clerk of Court [sic]
c/o 115 N. Church Avenue c/o 103 E. Alameda, 1st Floor
Tucson, Arizona state Tucson, Arizona state
 
 
Executed on November 21, 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
 
 Plaintiff's Verified Criminal Complaint & Affidavit:
 Page 10 of 23

 
 
 Exhibit "A":
 
 
 Plaintiff's Verified Criminal Complaint & Affidavit:
 Page 11 of 23

 
 
  Exhibit "B":
 
 
 Plaintiff's Verified Criminal Complaint & Affidavit:
 Page 12 of 23

 
 
 Exhibit "C":
 
 
 Plaintiff's Verified Criminal Complaint & Affidavit:
  Page 13 of 23

 
 
 Exhibit "D":
 
 
 Plaintiff's Verified Criminal Complaint & Affidavit:
 Page 14 of 23

 
 
 Exhibit "E":
 
 
 Plaintiff's Verified Criminal Complaint & Affidavit:
 Page 15 of 23

 
 
 Exhibit "F":
 
 
 Plaintiff's Verified Criminal Complaint & Affidavit:
 Page 16 of 23

 
 
 Exhibit "G":
 
 
 Plaintiff's Verified Criminal Complaint & Affidavit:
 Page 17 of 23

 
 
 Exhibit "H":
 
 
 Plaintiff's Verified Criminal Complaint & Affidavit:
 Page 18 of 23

 
 
 Exhibit "I":
 
 
 Plaintiff's Verified Criminal Complaint & Affidavit:
 Page 19 of 23

 
 
 Exhibit "J":
 
 
 Plaintiff's Verified Criminal Complaint & Affidavit:
 Page 20 of 23

 
 
 Exhibit "K":
 
 
 Plaintiff's Verified Criminal Complaint & Affidavit:
 Page 21 of 23

 
 
 Exhibit "L":
 
 
 Plaintiff's Verified Criminal Complaint & Affidavit:
  Page 22 of 23

 
 
 Exhibit "M":
 
 
 Plaintiff's Verified Criminal Complaint & Affidavit:
 Page 23 of 23

 
 
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Mitchell v. Nordbrock

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