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 September 2, 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 NOTICE OF INTENT TO APPLY FOR INTERVENTION [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 Applicant's AFFIDAVIT OF DEFAULT AND OF PROBABLE
CAUSE. See 28 U.S.C. 1746(1); Supremacy Clause.
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.
Applicant's Notice of Refusal for Cause, by Affidavit:
Page 2 of 5
The law does not recognize impossibilities.
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.
Applicant's Notice of Refusal for Cause, by Affidavit:
Page 3 of 5
DEMAND FOR JUDICIAL NOTICE OF RELATED CASE
Pursuant to the Full Faith and Credit Clause, Applicant
hereby demands mandatory judicial Notice by this honorable Court,
of the unanimous jury verdict, and final judgment, which has been
reached in the case of Mitchell v. Nordbrock, Pima County
Consolidated Justice Court, case number #CV-97-3438, in the
amount of $3,113.42. Said amount now constitutes a lawful and
enforceable lien upon Plaintiffs' estate in the instant case.
Sir Lawrence E. Condit ("Sir Condit") then committed gross
acts of mail fraud, and bank fraud, by mailing to Applicant a
bank check for the exact amount to satisfy said judgment, but
then Sir Condit issued a criminal and fraudulent STOP PAYMENT
order to the Bank of America, giving "wrong amount" [sic] as the
reason. Applicant refuses all unsigned presentments.
Further Applicant sayeth naught.
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