Paul Andrew Mitchell, Sui Juris
Citizen of Arizona state
c/o General Delivery at:
2509 North Campbell Avenue
Tucson, Arizona state

In Propria Persona

All Rights Reserved
Without Prejudice





             PIMA COUNTY CONSOLIDATED JUSTICE COURT


Paul Andrew Mitchell,           )  Case Number #CV-97-3438
          Plaintiff             )
                                )  NOTICE OF MOTION AND
     v.                         )  MOTION TO MODIFY ORDER OF
                                )  REFERRAL TO MEDIATION AND
Neil and Evelyn Nordbrock,      )  TO NAME ANOTHER DEFENDANT
          Defendants            )
________________________________)


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

state, expressly  not a  citizen of  the United  States ("federal

citizen") and Plaintiff in the above entitled matter (hereinafter

"Plaintiff"), respectfully  to request  a  modification  to  this

Court's ORDER  OF REFERRAL TO MEDIATION, dated April 29, 1997, so

as to  permit Plaintiff  to name  Lawrence E. Condit (hereinafter

"Mr. Condit") as another Defendant in the instant case.

     As a  factual foundation  for the  instant Motion, Plaintiff

wishes to  bring to  this Court's  specific attention Plaintiff's

AFFIDAVIT OF  DEFAULT AND  OF PROBABLE  CAUSE IN  RE LAWRENCE  E.

CONDIT, which  AFFIDAVIT has  been executed, filed in the instant

case, served  on all interested party(s), and faxed as a courtesy

to Mr.  Condit.   Plaintiff hereby testifies that Mr. Condit has,

to date, failed to rebut said AFFIDAVIT.


    Motion to Modify Mediation ORDER and Name New Defendant:
                           Page 1 of 4


     Accordingly, Plaintiff  submits that Mr. Condit's failure to

rebut a  proper AFFIDAVIT  of fact,  executed by  Plaintiff under

penalty of  perjury, renders  the statements  of fact,  as  found

therein, the truth of the case.

     Furthermore, as  an individual  claiming to be an officer of

this honorable  Court, that  office, in  and of  itself, causes a

legal and  moral obligation  to  arise,  whereby  Mr.  Condit  is

obliged to disclose proof of his credentials for said office.

     Given this  legal and  moral  obligation  which  said  claim

imposes upon  Mr. Condit,  his  continued  silence  is  a  fraud,

pursuant to  U.S. v.  Tweel, 550  F.2d 297,  299 (1977),  and his

continued silence also activates estoppel, pursuant to Carmine v.

Bowen, 64 A. 932 (1906).

     Moreover, the fact remains unrebutted that the sum of $3,000

(approximate)  which   the  named   Defendants   embezzled   from

Plaintiff, was used to pay Mr. Condit's retainer fee, in whole or

in part,  in order  to retain  Mr. Condit for legal services in a

quiet title  action which Defendants have brought in the Superior

Court of  Arizona state, during the period in question.  See Neil

T. Nordbrock  and Evelyn Nordbrock v. Ulan et al., Superior Court

of Arizona, County of Pima, case number #315580.

     Mr. Condit  has now  failed to deny this fact, as documented

in Plaintiff's  AFFIDAVIT supra.  Plaintiff has reason to believe

that Mr.  Condit was  also confronted  about said retainer fee by

Mr. Richard  J. Scully,  during a  telephone conversation between

Messrs. Condit and Scully, and Mr. Condit again fell silent about

said retainer  fee.   Subsequently, Mr. Scully privately reported

the content of said telephone call to Plaintiff.


    Motion to Modify Mediation ORDER and Name New Defendant:
                           Page 2 of 4


                        REMEDY REQUESTED

     Accordingly, all  premises having  been duly  considered  by

this honorable Court, Plaintiff hereby moves this Court to modify

its ORDER  OF REFERRAL  TO MEDIATION, dated April 29, 1997, so as

to name  Mr. Lawrence  E. Condit  as  another  Defendant  in  the

instant case,  and also to ORDER Mr. Lawrence E. Condit to appear

separately, as  another Defendant,  at the time and place set for

mediating the  instant matter  or, in  the alternative,  to  show

cause why  Mr. Lawrence  E. Condit should not be named as another

Defendant and  should not  required to  appear separately  at the

time and place set for mediating the instant matter.


                          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", that the above statement of fact and

law is  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:  May 7, 1997


Respectfully submitted,

/s/ Paul Andrew Mitchell
_____________________________________
Paul Andrew Mitchell, Sui Juris
Citizen of Arizona state
(expressly not a citizen of the United States)

All Rights Reserved without Prejudice


    Motion to Modify Mediation ORDER and Name New Defendant:
                           Page 3 of 4


                        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):

                   NOTICE OF MOTION AND MOTION
            TO MODIFY ORDER OF REFERRAL TO MEDIATION
                  AND TO NAME ANOTHER DEFENDANT

by placing one true and correct copy of said document(s) in first

class United  States Mail,  with  postage  prepaid  and  properly

addressed to the following:


Neil and Evelyn Nordbrock
c/o 6642 E. Calle de San Alberto
Tucson, Arizona state

Lawrence E. Condit
c/o 376 South Stone Avenue
Tucson, Arizona state

Dr. and Mrs. Eugene A. Burns
c/o 4500 E. Speedway, #27
Tucson, Arizona state


Executed on May 7, 1997 by:

/s/ Paul Andrew Mitchell
_____________________________________
Paul Andrew Mitchell, Sui Juris
Citizen of Arizona state
(expressly not a citizen of the United States)

All Rights Reserved without Prejudice


    Motion to Modify Mediation ORDER and Name New Defendant:
                           Page 4 of 4


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Mitchell v. Nordbrock