Paul Andrew Mitchell, Sui Juris
Citizen of Arizona state
c/o general delivery at:
2509 North Campbell Ave., #1776
Tucson [zip code exempt]
ARIZONA STATE

In Propria Persona

All Rights Reserved
without prejudice




          IN THE SUPERIOR COURT OF THE STATE OF ARIZONA

                  IN AND FOR THE COUNTY OF PIMA


Swan Business Organization      )  Case Number #315580
et al.,                         )
                                )  APPLICANT'S AFFIDAVIT
          Plaintiffs,           )  OF DEFAULT AND
                                )  OF PROBABLE CAUSE:
     v.                         )
                                )  Rule 201(d),
Leon Ulan et al.,               )  Arizona Rules of Evidence
                                )
          Defendants.           )
________________________________)


COMES NOW  Paul Andrew  Mitchell, Sui Juris, Citizen  of  Arizona

state,  federal   witness  (hereinafter  "Applicant"),  and  Vice

President for Legal Affairs of New Life Health Center Company, an

unincorporated business  trust domiciled in Arizona ("New Life"),

to submit  this, APPLICANT'S AFFIDAVIT OF DEFAULT AND OF PROBABLE

CAUSE, testifying  to evidence  which  gives  Applicant  probable

cause to  believe, and  formally to  complaint,  that  Mr.  Frank

Romero and/or Mr. William H. Tinney have jointly and/or severally

committed acts  of mail  fraud, and/or  conspiracy to commit mail

fraud, in  connection with the certified United States Mail which

Applicant transmitted  specifically to Mr. William H. Tinney, and

to demand  mandatory judicial  notice  by  this  Court  of  same,

pursuant to Rule 201(d) of the Arizona Rules of Evidence.


      Applicant's AFFIDAVIT OF DEFAULT AND OF PROBABLE CAUSE:
                          Page 1 of 16


I, Paul  Andrew Mitchell,  Sui  Juris,  hereinafter  "Applicant",

hereby testify as follows, to wit:


     On September  5, 1997,  Applicant  prepared  and  mailed  to

William H.  Tinney, a  formal  NOTICE AND DEMAND  for a certified

copy of Mr. William H. Tinney's solemn Oath of Office.

     Said NOTICE  AND DEMAND,  dated September  5, 1997,  clearly

stated a deadline of 5:00 p.m. on Friday, September 19, 1997.

     A true  and correct  copy  of  said  NOTICE  AND  DEMAND  is

attached hereto,  and incorporated  by reference  as if set forth

fully herein.  See Exhibit "A".

     Said NOTICE AND DEMAND  dated September 5, 1997,  was mailed

via Certified  United States  Mail, serial number #P-502-472-293,

with  restricted   delivery  and  return  receipt  services  both

requested and purchased in a lawful transaction.

     On or  about September  8, 1997, Applicant received a United

States Postal  Service PS  Form 3811,  corresponding to Certified

U.S. Mail  article number  #P-502-472-293, which  Form  3811  was

signed and printed by one "F Romero" [sic].

     A true  and correct  copy of said USPS Form 3811, signed and

printed by  "F Romero",  is attached  hereto and  incorporated by

reference as if set forth fully herein.  See Exhibit "B".

     On September 10, 1997, Applicant prepared, signed and mailed

to the  Postmaster of  the United  States Post  Office,  Downtown

Station, Tucson,  Arizona state,  a proper  and lawful Freedom of

Information Act  ("FOIA") request  for a certified copy of any PS

Form 3801,  Standing Delivery  Order, executed by one "William H.

Tinney" [sic], alleging to be employed with the Superior Court of

the State  of Arizona  in Tucson,  Arizona state, authorizing one

"Frank Romero"  aka "F  Romero" to  accept Certified U.S. Mail on

behalf of  said  William  H.  Tinney,  when  Restricted  Delivery

services were both requested and purchased by the sender.


      Applicant's AFFIDAVIT OF DEFAULT AND OF PROBABLE CAUSE:
                          Page 2 of 16


     A true and correct copy of said FOIA request dated September

10, 1997,  is attached hereto and incorporated by reference as if

set forth fully herein.  See Exhibit "C".

     On October  8, 1997,  Applicant prepared, signed, and mailed

to the  Postmaster of  the United  States Post  Office,  Downtown

Station, Tucson,  Arizona state,  a proper and lawful FOIA appeal

for the  document requested  by Applicant in Applicant's original

FOIA request dated September 10, 1997.

     A true and correct copy of said FOIA appeal dated October 8,

1997, is  attached hereto and incorporated by reference as if set

forth fully herein.  See Exhibit "D".

     On October  29, 1997, Applicant prepared, signed, and mailed

to the  Postmaster of  the United  States Post  Office,  Downtown

Station, Tucson,  Arizona state, a proper and lawful AFFIDAVIT OF

DEFAULT, testifying  to the failure by said Postmaster to produce

a certified  copy of  the USPS  Form 3801,  signed and  dated  by

William H.  Tinney, authorizing one "Frank Romero" aka "F Romero"

to accept  Certified U.S.  Mail on  behalf  of  said  William  H.

Tinney, when Restricted Delivery services were both requested and

purchased by the sender.

     A true  and correct  of  said  AFFIDAVIT  OF  DEFAULT  dated

October  29,   1997,  is  attached  hereto  and  incorporated  by

reference as if set forth fully herein.  See Exhibit "E".


     Further Applicant sayeth naught.


      Applicant's AFFIDAVIT OF DEFAULT AND OF PROBABLE CAUSE:
                          Page 3 of 16


                          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  are hereby  affixed 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:  October 29, 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


      Applicant's AFFIDAVIT OF DEFAULT AND OF PROBABLE CAUSE:
                          Page 4 of 16


                        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):

                APPLICANT'S AFFIDAVIT OF DEFAULT
                     AND OF PROBABLE CAUSE:
             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
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

Malcolm K. Ryder, Esq.
c/o 3100 N. Campbell Ave., Ste. 101
Tucson, Arizona state


Executed on October 29, 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


      Applicant's AFFIDAVIT OF DEFAULT AND OF PROBABLE CAUSE:
                          Page 5 of 16


                          Exhibit "A":

              NOTICE AND DEMAND FOR OATH OF OFFICE

                     dated September 5, 1997


      Applicant's AFFIDAVIT OF DEFAULT AND OF PROBABLE CAUSE:
                          Page 6 of 16


                        NOTICE AND DEMAND

TO:       William H. Tinney
          c/o 110 West Congress
          Tucson 85701-1317/tdc
          ARIZONA STATE

FROM:     Paul Andrew, Mitchell, B.A., M.S.
          Counselor at Law

DATE:     September 5, 1997

SUBJECT:  Certified copy of the Oath of Office
          required of you by Article VI, Clause 3


This formal  NOTICE AND DEMAND is hereby respectfully made of you
to deliver  to me a certified copy of your solemn Oath of Office,
which is  required of  you  by  Article  VI,  Clause  3,  in  the
Constitution for  the  United  States  of  America,  as  lawfully
amended.

The certified  copy hereby  demanded must  delivered, not  merely
posted, to  the mailing  location shown below, no later than 5:00
p.m. on Friday, September 19, 1997.

Failure to  produce the required Oath of Office will cause you to
be in  default in  the matter of a constitutional prerequisite to
hold the  office which  you now claim to hold.  Moreover, silence
activates estoppel,  pursuant to  Carmine v.  Bowen,  64  A.  932
(1906), and  silence is  also a fraud, when there is a legal or a
moral duty  to speak,  pursuant to  U. S. v. Tweel, 550 F.2d 297,
299 (1977).

A stamped #10 mailing envelope is enclosed, for your convenience.

Thank you very much for your immediate cooperation.


Sincerely yours,

/s/ Paul Andrew Mitchell

Paul Andrew, Mitchell, B.A., M.S.
Counselor at Law and federal witness
c/o 2509 N. Campbell Avenue, #1776
Tucson 85719/tdc
ARIZONA STATE (See USPS Publication #221.)

email:    supremelawfirm@altavista.net

website:  http://supremelaw.com


      Applicant's AFFIDAVIT OF DEFAULT AND OF PROBABLE CAUSE:
                          Page 7 of 16


                          Exhibit "B":

                  True and Correct Copy of USPS

             PS Form 3811 signed by "F Romero" [sic]


      Applicant's AFFIDAVIT OF DEFAULT AND OF PROBABLE CAUSE:
                          Page 8 of 16

/

      Applicant's AFFIDAVIT OF DEFAULT AND OF PROBABLE CAUSE:
                          Page 9 of 16


                          Exhibit "C":

               Freedom of Information Act Request

                    dated September 10, 1997


     Applicant's AFFIDAVIT OF DEFAULT AND OF PROBABLE CAUSE:
                          Page 10 of 16


                                      c/o 2509 N. Campbell, #1776
                                            Tucson, Arizona state
                                                [zip code exempt]

                                               September 10, 1997


               FREEDOM OF INFORMATION ACT REQUEST


Postmaster
United States Post Office
Downtown Station
Tucson 85701/tdc
ARIZONA STATE

Dear Postmaster:

This is  a request under the Freedom of Information Act, 5 U.S.C.
552 et seq., and regulations thereunder.  This is My firm promise
to pay  fees and  costs for locating, duplicating, and mailing to
Me certified copies of the records requested below.

If some of this request is exempt from release, please furnish Me
with those  portions reasonably  segregable.   I am  requiring  a
certified copy  of the  document requested,  in lieu  of personal
inspection of same.

Document requested:

     1.   a certified copy of any PS Form 3801, Standing Delivery
          Order, executed  by  one  "William  H.  Tinney"  [sic],
          alleging to  be employed with the Superior Court of the
          State of  Arizona in Tucson, Arizona state, authorizing
          one "Frank  Romero" aka  "F Romero" to accept Certified
          U.S. Mail  on behalf  of said  William H.  Tinney  when
          Restricted Delivery  services are  both  requested  and
          purchased by the sender.


The requested document is not exempt from disclosure because it:

     (A)  could not  reasonably be expected to interfere with law
          enforcement proceedings;

     (B)  would not  deprive a  person of a right to a fair trial
          or an impartial adjudication;

     (C)  could not  reasonably  be  expected  to  constitute  an
          unwarranted invasion of personal property;

     (D)  could  not  reasonably  be  expected  to  disclose  the
          identity of a confidential source;

     (E)  would not  disclose techniques  and procedures  for law
          enforcement investigations  or prosecutions,  and would
          not   disclose    guidelines   for    law   enforcement
          investigations or prosecutions;

     (F)  could not  reasonably be  expected to endanger the life
          or physical safety of any individual.

                                        [see Exemption 7 in FOIA]


     Applicant's AFFIDAVIT OF DEFAULT AND OF PROBABLE CAUSE:
                          Page 11 of 16


If you  are not  the correct  person  to  whom  this  Freedom  of
Information Act  Request should be directed, kindly forward it to
the correct person.

Time is  of the  essence.   If you  have any questions about your
rights and  obligations under 5 U.S.C. 552, may we recommend that
you contact  the office  of the  Attorney General  in Washington,
D.C., for immediate assistance.

Thank you  very much  for your consideration, and for your timely
obedience to  the controlling  laws in  this matter, specifically
the Freedom  of Information  Act and  the  Constitution  for  the
United States of America, as lawfully amended.


Respectfully submitted,

/s/ Paul Andrew Mitchell

Paul Andrew, Mitchell, B.A., M.S.
Citizen of Arizona state

all rights reserved without prejudice

copy:     Judge Alex Kozinski (supervising)
          Ninth Circuit Court of Appeals

email:    supremelawfirm@altavista.net

website:  http://supremelaw.com


     Applicant's AFFIDAVIT OF DEFAULT AND OF PROBABLE CAUSE:
                          Page 12 of 16


                          Exhibit "D":

                Freedom of Information Act Appeal

                      dated October 8, 1997


     Applicant's AFFIDAVIT OF DEFAULT AND OF PROBABLE CAUSE:
                          Page 13 of 16


                                      c/o 2509 N. Campbell, #1776
                                         Tucson [zip code exempt]
                                                 CALIFORNIA STATE

                                                  October 8, 1997


                FREEDOM OF INFORMATION ACT APPEAL


Postmaster
United States Post Office
Downtown Station
Tucson 85701/tdc
ARIZONA STATE

Dear Postmaster:

This is  my proper and lawful appeal, under the provisions of the
Freedom of  Information Act,  of  your  failure  to  produce  the
document requested  of your  office on  September 10,  1997  (see
attached).  See 5 U.S.C. 552 et seq.

Thank you  very much  for your consideration, and for your timely
obedience to  the controlling  laws in  this matter, specifically
the Freedom  of Information  Act and  the  Constitution  for  the
United States of America, as lawfully amended.


Respectfully submitted,

/s/ Paul Andrew Mitchell

Paul Andrew, Mitchell, B.A., M.S.
Citizen of Arizona state

all rights reserved without prejudice

copy:     Judge Alex Kozinski (supervising)
          Ninth Circuit Court of Appeals

email:    supremelawfirm@altavista.net

website:  http://supremelaw.com


     Applicant's AFFIDAVIT OF DEFAULT AND OF PROBABLE CAUSE:
                          Page 14 of 16


                          Exhibit "E":

                Applicant's AFFIDAVIT OF DEFAULT

                     dated October 29, 1997


     Applicant's AFFIDAVIT OF DEFAULT AND OF PROBABLE CAUSE:
                          Page 15 of 16


                                      c/o 2509 N. Campbell, #1776
                                         Tucson [zip code exempt]
                                                 CALIFORNIA STATE

                                                 October 29, 1997


                      AFFIDAVIT OF DEFAULT


Postmaster
United States Post Office
Downtown Station
Tucson 85701/tdc
ARIZONA STATE

Dear Postmaster:

This is  My verified  AFFIDAVIT OF  DEFAULT concerning the proper
Freedom of  Information Act  ("FOIA") request  and timely  appeal
which I  transmitted to  your office  on September  10, 1997, and
October 8, 1997, respectively (see attached copies).

I  hereby  testify  to  your  failure  to  provide  the  document
requested by  said FOIA  request and  appeal, within  the  lawful
deadlines provided  by the  Freedom of  Information Act, 5 U.S.C.
552 et seq.


                          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, according to the best of
my current  information, knowledge,  and belief,  so help me God,
pursuant to 28 U.S.C. 1746(1).


Respectfully submitted,

/s/ Paul Andrew Mitchell

Paul Andrew, Mitchell, B.A., M.S.
Citizen of Arizona state

All Rights Reserved without Prejudice

copy:     Judge Alex Kozinski (supervising)
          Ninth Circuit Court of Appeals

email:    supremelawfirm@altavista.net

website:  http://supremelaw.com


     Applicant's AFFIDAVIT OF DEFAULT AND OF PROBABLE CAUSE:
                          Page 16 of 16


                             #  #  #
      


Return to Table of Contents for

Swan v. Ulan