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


NEIL T. NORDBROCK and           )  Case Number #315580
EVELYN R. NORDBROCK, h/w,       )
                                )  APPLICANT'S NOTICE OF REFUSAL
          Plaintiffs,           )  FOR CAUSE, BY AFFIDAVIT, AND
                                )  DEMAND FOR JURY TRIAL:
     v.                         )
                                )  Rule 201(d),
LEON ULAN and SYLVIA ULAN, h/w, )  Arizona Rules of Evidence;
individually and co-trustees    )  28 U.S.C. 1746(1);
of the ULAN REVOCABLE TRUST,    )  4 U.S.C. 101;
et al.,                         )  First Amendment,
          Defendants.           )  Petition Clause;
________________________________)  Seventh Amendment


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

state, Federal Witness, Counselor at Law, expressly not a citizen

of the  United States  ("federal  citizen"),  Candidate  for  the

United States House of Representatives (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 NOTICE OF REFUSAL FOR

CAUSE, BY  AFFIDAVIT, by  which Applicant  properly and  lawfully

refuses the  alleged MINUTE  ENTRY, dated  December 1,  1997, and

allegedly issued by Mr. William H. Tinney, in the instant case.

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

hereby testify as follows, to wit:


     Applicant's Notice of Refusal for Cause, by Affidavit:
                           Page 1 of 5


     I never  received proper  or timely notice of any motion nor

of an  alleged HEARING  RE  PLAINTIFFS'  MOTION  TO  STRIKE  PAUL

MITCHELL'S AFFIDAVIT  OF DEFAULT  AND OF  PROBABLE  CAUSE  [sic],

neither from  the Clerk  of this  Court, nor  from  anyone  else,

neither via  facsimile, nor  via any  U.S. Mail  directed  to  My

proper  mailing  location,  nor  via  any  telephone  message(s),

whatsoever.  No such motion is now before this Court.

     Sir Lawrence  E. Condit,  Esquire, is not an officer of this

Court who is authorized to represent real parties of interest.

     The man  now alleging  to preside over the instant case, and

alleging to have issued said MINUTE ENTRY, has an irreparable and

adverse conflict  of interest,  due to  his being  implicated  in

probable fraud, mail fraud, and conspiracy to commit mail fraud.

     The facts  constituting probable cause to charge Mr. William

H. Tinney  with deprivation  of Applicant's  fundamental  Rights,

fraud, mail  fraud, and  conspiracy to  commit  mail  fraud,  are

documented in said AFFIDAVIT OF DEFAULT AND OF PROBABLE CAUSE.

     Furthermore, Mr.  William H.  Tinney has never produced, and

cannot now  produce, a certified copy of the Oath of Office which

is required  of him  by Article VI, Clause 3, in the Constitution

for  the   United  States   of  America,   as  lawfully   amended

(hereinafter "U.S. Constitution"), and also by 4 U.S.C. 101.

     Likewise,  Sir   Lawrence  E.  Condit,  Esquire,  has  never

produced, and cannot now produce, a certified copy of the Oath of

Office which  is required  of anyone who claims lawfully to be an

officer of  this honorable  court, pursuant to Article VI, Clause

3, in the U.S. Constitution, and also pursuant to 4 U.S.C. 101.

     The law does not recognize impossibilities.


     Applicant's Notice of Refusal for Cause, by Affidavit:
                           Page 2 of 5


     Lex non cogit impossibilia.

     Applicant does  not presently accept United States Mail from

any  state   or  federal   government  agencies,  which  exhibits

unqualified two-letter  abbreviations for  Arizona state, because

all evidence  now available to Applicant proves to Applicant that

said abbreviations  are not  lawful;   they are the property of a

federal municipal corporation, proceeding under color of Law.

     Applicant does  not accept  unqualified United States Postal

Service ("USPS") Zone Improvement Program ("ZIP") codes on United

States Mail  from  any  state  or  federal  government  agencies,

because the  USPS is  a municipal  corporation domiciled  in  the

District of  Columbia, and  the USPS  cannot discriminate against

the non-use  of ZIP  codes.  See Daly et al. v. The National Life

Insurance Company  of  the  United  States  of  America,  Indiana

Supreme Court (1878), a headnote from which reads as follows:


     Congress as  a Local  Legislature. -- Constitutional Law. --
     An act of Congress creating a private corporation is the act
     of Congress  as the  local Legislature  of the  District  of
     Columbia;     as  Congress   can  not,   under  the  federal
     constitution, as the Congress of the United States, create a
     private corporation.
                                            [bold emphasis added]


     Applicant is  not subject  in any  way to  federal municipal

law(s), any  more than  Applicant is  subject  to  the  municipal

law(s) of Florida state, Oregon state, or New York state.

     Applicant  now  believes  that  all  the  above  constitutes

probable cause  for Applicant to refuse the alleged MINUTE ENTRY,

by Right,  for probable  fraud, mail  fraud, conspiracy to commit

mail fraud, and deprivation of Applicant's fundamental Rights, by

Mr. William H. Tinney.  Applicant demands a jury trial.

     Further Applicant sayeth naught.


     Applicant's Notice of Refusal for Cause, by Affidavit:
                           Page 3 of 5


                          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

statements of  facts and  applicable law(s) are 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.


Dated:  December 5, 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 Notice of Refusal for Cause, by Affidavit:
                           Page 4 of 5


                        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 NOTICE OF REFUSAL
                  FOR CAUSE, BY AFFIDAVIT, AND
                     DEMAND FOR JURY TRIAL:
             Rule 201(d), Arizona Rules of Evidence;
                28 U.S.C. 1746(1);  4 U.S.C. 101;
                First Amendment, Petition Clause;
                        Seventh Amendment

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 December 5, 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 Notice of Refusal for Cause, by Affidavit:
                           Page 5 of 5


                             #  #  #
      


Return to Table of Contents for

Swan v. Ulan