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 # # #
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Swan v. Ulan