First Class U.S. Mail                  c/o 2509 N. Campbell, #1776

                                       Tucson [zip code exempt]

                                       ARIZONA REPUBLIC

 

                                       November 30, 1996

 

Dr. Eugene A. Burns, D.C., N.D.

New Life Health Center Company

4500 E. Speedway, Suite #27

Tucson [zip code exempt]

ARIZONA REPUBLIC

 

Subject:  Wrongful Discharge

 

 

SECOND NOTICE AND DEMAND

 

Dear Gene:

 

This is a formal notice to You that I have vacated the business office which the Trust was providing to Me at the above location.  I have left the two office keys on the shelves mounted on the wall adjacent to the office hallway, next to the refrigerator.  I have given Susan Shew Your copy of Black's Law Dictionary and the three volumes on banking law which You purchased (one 3-ring binder was never shipped by the publisher).  If You are missing anything else, please let Me know in writing at once, and I will return it immediately if I agree that it is Yours and if I took it by mistake when I had to move out on such short notice.

 

This is also My formal demand that You perform Your obligations to Me in My capacity as Vice President for Legal Affairs of New Life Health Center Company.  The following compensation is due to Me:

 

     last pay check, dated 6/30/96, was $300.00,

     which is $200.00 short of My last full paycheck     $200.00

 

     pay due for period 7-1-96 to  7-8-96                $500.00

 

     pay due for period 7-8-96 to  7-15-96               $500.00

 

     pay due for period 7-15-96 to 7-22-96               $500.00

 

     pay due for period 7-22-96 to 7-25-96

     (pro rated 4/5 x $500.00)                           $400.00

                                                         -------

 

     Subtotal:                                         $2,100.00

 

     I also demand that You compensate Me for the following unspecified damages:

 

     1.   You violated the non-disclosure agreement which You had with the Trust, and were fully aware when You signed it that criminal liability attached to violations of said agreement.  You filed this non-disclosure agreement in the United States District Court in Tucson, Arizona, under penalty of perjury, and utilized it as an argument justifying Your refusal to disclose records to a federal grand jury.

 

     2.   My fundamental Right to privacy was also violated when You violated the Trust's non-disclosure agreement.

 

     3.   You were negligent for failing to provide Me with the option to disclose My cancelled pay checks, or not to disclose them, to outside persons.  In Tim's presence, I witnessed You culling cancelled checks which You felt would incriminate You before a federal grand jury, because of trust funds which You co-mingled with Your personal account(s) for Your own personal benefit.

 

     4.   My discharge was arbitrary, capricious, and just plain wrong, because You and others around You blamed Me for the consequences that resulted from Your failure to appear in court, and Your decision to surrender to the FBI with a bar member over My objections and/or when I was in-flight on Your behalf to the Ninth Circuit Court of Appeals.  You complained that I was "out of touch" when I was at 35,000 feet en route to San Francisco, to file pleadings for Your Emergency Motion.

 

     5.   As a consequence of the painful and unnecessary ill will which resulted from Your actions described in 4. above, My professional reputation has been damaged because of the requirement that I now explain why My tenure at the Trust was terminated so abruptly, arbitrarily, capriciously, and wrongfully.

 

     6.   In front of three witnesses, You openly admitted that You were considering a guilty plea in anticipation of a federal grand jury indictment.  In light of all the conclusive evidence which I presented to You to prove that there are no federal income tax statutes to violate (e.g. IRC 7851(a)(6)(A)), You must have had some other criminal statute(s) in mind.  I reserve My Right to hold You personally liable to Me for all the unnecessary pain and suffering which Your admission has caused to Me.

 

     7.   You agreed to pursue the Petition for a Rehearing En Banc and, upon that agreement, I proceeded to prepare the necessary Petition to the Ninth Circuit, which You then decided not to file.  This had the consequence of destroying most, if not all, of the legal foundation which I had prepared on behalf of the Trust and other American People similarly situated, preventing other Trust officers, all other co-workers, and the American People in general from ever enjoying the benefits of that foundation, which was prepared as much for Them as it was for You.

 

     8.   You aided and abetted in an act of wire fraud upon Me, when You allowed Susan Shew to use My name, without any signature, on a work order which She faxed from her home to E-Z Messenger Service, and then You made excuses for her failure to get prior permission from Me to use My name in that fashion.  When I attempted to investigate this wire fraud by presenting You with written evidence of it, You fell silent.

 

     9.   You discharged Me without the benefit of a termination notice from the Trustee of New Life Health Center Company, making it necessary for Me to question whether or not You had any authority to do so.  My appointment contract was signed by the Trustee, so I am entitled to proceed on the basis of this proof that only the Trustee had authority to hire and fire officers of the Trust.

 

     10.  I am currently entitled to two percent (2%) of the gross revenues to be derived from Internet sales of New Life Health Center's products and services, because of the agreement which You made with Me to that end, and because My computer expertise helped to open that opportunity for the Trust.  I must proceed on the basis of the presumption that the Trust now has no intention of ever performing under this agreement, resulting in further damages still to Me.

 

     11.  You violated My fundamental Right to personal privacy when you stated that I had not been using the condominium which you helped Me to rent, and you demanded that I disclose my "plans" to you and the landlord, Neal Manning, at once.  This put Me under a cruel and unusual punishment, on top of the wrongful discharge and the demand that I vacate the Trust's business office.  Was it Your intention to throw Me out onto the street and, if so, for what specific conduct by Me?

 

     12.  I must now waste the set of business cards which I had printed at My own expense, because they exhibit fax and telephone numbers which are in Your business office.

 

 

     I will look forward to knowing that the federal grand jury in the matter of New Life Health Center Company has decided against issuing any indictments against You or the Trust, in large part because of all the many overtime hours of difficult and productive work which I performed on behalf of You, Your Spouse, and the Trust. 

 

     As you already know, this work is now a matter of official record in the United States District Court, Judicial District of Arizona, Tucson, U.S.D.C. Case Number #GJ-95-1-6-JMR, Appeal Number #96-16145.

 

 

     For the record, I hope you will tell the truth about the many times You complimented Me for all that work, and encouraged Me to continue with the chosen strategy, particularly while that work was being done in Your presence and under Your direct and immediate supervision.

 

NOTICE OF DEADLINE

 

     If, within ten (10) calendar days, I do not receive from You a written offer of compensation and compromise for all of the damages which I have sustained to date and which are itemized above, I will take appropriate action to enforce My Rights.

 

VERIFICATION

 

     I hereby certify, under penalty of perjury, under the laws o the United States of America, without the "United States", that the above statement of facts is true and correct, to the best of My current information, knowledge, and belief, so help Me God and pursuant to 28 U.S.C. 1746(1).

 

     Thank You for Your cooperation and consideration.

 

 

Sincerely yours,

 

/s/ Paul Andrew Mitchell

 

Paul Andrew, Mitchell, B.A., M.S.

Citizen of Arizona state,

Counselor at Law, and federal witness

 

all rights reserved without prejudice

 

copies:   Neil Nordbrock, witness

          Sheryl Smith, Trustee, New Life Health Center

          Richard Rineer, New Life Health Center

          Susan Shew, New Life Health Center

          litigation files