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 )
) AFFIDAVIT OF DEFAULT
v. ) AND OF PROBABLE CAUSE
) IN RE LAWRENCE E. CONDIT
Neil and Evelyn Nordbrock, )
Defendants )
___________________________)
COMES NOW Paul Andrew Mitchell, Sui Juris, Citizen of Arizona
state, expressly not a citizen of the United States, and
Plaintiff in the above entitled matter (hereinafter "Plaintiff"),
to present this, His AFFIDAVIT OF DEFAULT AND OF PROBABLE CAUSE
IN RE LAWRENCE E. CONDIT, a man now alleging to be an attorney at
law with power of attorney to represent Defendants in the above
entitled case.
VERIFICATION
I, Paul Andrew Mitchell, Sui Juris, Citizen of Arizona
state, federal witness, and Plaintiff in the instant case, hereby
verify, under penalty of perjury, under the laws of the United
States of America, without the "United States", that the
following statement of facts 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).
Affidavit of Default in re Lawrence E. Condit:
Page 1 of 6
AFFIDAVIT OF DEFAULT
I, Paul Andrew Mitchell, hereinafter Plaintiff in the above
entitled case, hereby verify that:
On January 11, 1997, Plaintiff prepared, signed and mailed a
MEMO to "Lawrence E. Condit, Attorney [sic], c/o 376 South Stone
Avenue, Tucson, Arizona state, Postal Zone 85701/tdc."
In said MEMO dated January 11, 1997, Plaintiff explained to
Mr. Condit that there was probable cause for Plaintiff to believe
that Mr. Condit was in possession of stolen property, and
Plaintiff also requested that Mr. Condit return to Plaintiff the
sum of $3,000 which Defendants embezzled from Plaintiff.
In said MEMO dated January 11, 1997, Plaintiff also
requested written confirmation that Mr. Condit had been retained
by Defendants, and that Mr. Condit had received power of attorney
to represent Defendants in criminal matters.
Finally, in said MEMO dated January 11, 1997, Plaintiff
requested a certified copy of Mr. Condit's license to practice
law in the State of Arizona.
Said MEMO dated January 11, 1997, is attached hereto and
incorporated by reference as if set forth fully herein. To date,
Mr. Condit has not answered this MEMO.
On February 11, 1997, Plaintiff prepared, signed and mailed
a second MEMO to "Lawrence E. Condit, Attorney [sic], c/o 376
South Stone Avenue, Tucson, Arizona state, Postal Zone
85701/tdc."
In said MEMO dated February 11, 1997, Plaintiff explained to
Mr. Condit that there was probable cause for Plaintiff to believe
that Mr. Condit was in possession of stolen property, and
Plaintiff also requested that Mr. Condit return to Plaintiff the
sum of $3,000 which Defendants embezzled from Plaintiff.
Affidavit of Default in re Lawrence E. Condit:
Page 2 of 6
In said MEMO dated February 11, 1997, Plaintiff also
requested written confirmation that Mr. Condit had been retained
by Defendants and that Mr. Condit had received power of attorney
to represent Defendants in criminal matters.
Finally, in said MEMO dated February 11, 1997, Plaintiff
requested a certified copy of Mr. Condit's license to practice
law in the State of Arizona.
Said MEMO dated February 11, 1997, is attached hereto and
incorporated by reference as if set forth fully herein. To date,
Mr. Condit has not answered this MEMO.
On March 11, 1997, Plaintiff prepared, signed and mailed a
third MEMO to "Lawrence E. Condit, Attorney [sic], c/o 376 South
Stone Avenue, Tucson, Arizona state, Postal Zone 85701/tdc."
In said MEMO dated March 11, 1997, Plaintiff explained to
Mr. Condit that there was probable cause for Plaintiff to believe
that Mr. Condit was in possession of stolen property, and
Plaintiff also requested that Mr. Condit return to Plaintiff the
sum of $3,000 which Defendants embezzled from Plaintiff.
In said MEMO dated March 11, 1997, Plaintiff also requested
written confirmation that Mr. Condit had been retained by
Defendants and that Mr. Condit had received power of attorney to
represent Defendants in criminal matters.
Finally, in said MEMO dated March 11, 1997, Plaintiff
requested a certified copy of Mr. Condit's license to practice
law in the State of Arizona.
Said MEMO dated March 11, 1997, is attached hereto and
incorporated by reference as if set forth fully herein. To date,
Mr. Condit has not answered this MEMO.
Affidavit of Default in re Lawrence E. Condit:
Page 3 of 6
On March 22, 1997, Plaintiff prepared, signed and mailed a
FINAL NOTICE AND DEMAND to "Lawrence E. Condit, Attorney [sic],
c/o 376 South Stone Avenue, Tucson, Arizona state, Postal Zone
85701/tdc."
In said NOTICE AND DEMAND, Plaintiff recounted the history
of all three (3) prior MEMO's to Mr. Condit, and acknowledged
receipt of a fax copy of a written settlement offer which Mr.
Condit had mailed to Mr. Richard J. Scully, Plaintiff's private
mediator in Plaintiff's ongoing dispute with Defendants.
In said NOTICE AND DEMAND, Plaintiff explained that Mr.
Condit must produce the documents previously requested of Mr.
Condit, before Plaintiff could give serious consideration to any
written settlement offer(s).
In said NOTICE AND DEMAND, Plaintiff also explained that Mr.
Condit's failure to produce the requested documents is sufficient
cause for Plaintiff to proceed on the basis of the presumption
that Mr. Condit cannot produce the requested documents.
In said NOTICE AND DEMAND, Plaintiff also cited two
pertinent court cases, and also Article VI, Clause 3, of the
Constitution for the United States of America, which requires
that all officers of the state and federal governments be bound
by Oath or Affirmation to support said Constitution.
Finally, in said NOTICE AND DEMAND, Plaintiff issued a
formal DEMAND FOR PROOF, with a reasonable and conspicuous
deadline of 5:00 p.m. on Friday, March 28, 1997.
Said NOTICE AND DEMAND dated March 22, 1997, is attached
hereto and incorporated by reference as if set forth fully
herein. To date, Mr. Condit has not answered said NOTICE AND
DEMAND.
Affidavit of Default in re Lawrence E. Condit:
Page 4 of 6
The NOTICE AND DEMAND, and the three MEMO's described above,
were all transmitted via first class United States Mail, and were
neither returned to sender, nor refused by the recipient(s).
Accordingly, Defendant now believes, based on Mr. Condit's
failure to answer the four (4) written communications described
above, that there is now probable cause to charge Mr. Condit with
the crimes of conspiracy and of being an accessory to the
embezzlement which Defendants committed against Plaintiff.
Defendant now believes that there is also probable cause to
charge Mr. Condit with a clear and incurable conflict of interest
in the instant case.
Defendant thus believes that Mr. Condit should be
disqualified from representing any Defendants currently named,
and from representing any additional defendant(s) who may yet be
named and/or joined to the instant case either at the discretion
of this honorable Court, or at the discretion of the Plaintiff by
exercising Plaintiff's Right to amend the original complaint in
the instant case.
Further Affiant Sayeth Naught
Executed on April 10, 1997
Respectfully submitted,
/s/ Paul Andrew Mitchell
______________________________________________
Paul Andrew Mitchell, B.A., M.S.
Citizen of Arizona state and federal witness
(expressly not a citizen of the United States)
Affidavit of Default in re Lawrence E. Condit:
Page 5 of 6
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):
AFFIDAVIT OF DEFAULT
AND OF PROBABLE CAUSE
IN RE LAWRENCE E. CONDIT
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
Executed on April 10, 1997:
/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
Affidavit of Default in re Lawrence E. Condit:
Page 6 of 6
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Mitchell v. Nordbrock