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 # # #
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Swan v. Ulan