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