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 AND DEMAND
v. ) TO TRANSFER CASE
) TO SUPERIOR COURT
Neil and Evelyn Nordbrock, ) OF ARIZONA STATE:
Defendants )
___________________________) ARS 22-201(F)
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 provide Notice to all interested party(s) that the
jurisdictional limit of this Court has been exceeded, and to
demand that this honorable Court transfer the instant case to the
Superior Court of Arizona, Pima County, pursuant to Arizona
Revised Statute ("ARS") 22-201(F), to wit:
F. If in any action before a justice of the peace a party
files a verified pleading which states as a counterclaim a
claim in which the amount involved, exclusive of interest
and costs, is more than five thousand dollars, the justice
shall so certify in his docket, and at once stop further
proceedings in the action, and forward all papers, together
with a certified copy of his docket entries in the action,
to the superior court, where the action shall be docketed
and determined as though originally brought in the superior
court. Such party shall pay to the clerk of the superior
court the same fees required to be paid by a defendant, and
no other party in the action before the justice of the peace
shall be required to pay any sum.
[emphasis added]
Notice and Demand to Transfer Case to Superior Court:
Page 1 of 4
In support of Plaintiff's NOTICE AND DEMAND made herein,
this honorable Court is directed to the RULE 26.1 DISCLOSURE
STATEMENT OF DEFENDANTS/COUNTERCLAIMANTS, as recently served upon
Plaintiff via U.S. Mail and allegedly filed in the instant case
by "Lawrence E. Condit, P.C., Attorney for Defendant/Counter-
claimant" [sic] (hereinafter "Mr. Condit").
In said pleading, Mr. Condit alleges as follows:
The Nordbrocks are not seeking any damages as defendants,
other than its [sic] attorney's fees and recoverable costs
incurred in defending Mitchell's complaint, but seeks [sic]
compensatory and punitive damages for Mitchell's defamation
in the amount of $250,000.
[page 4, line 27]
Accordingly, the record now appears to evidence, as a
counterclaim, a claim in which the amount involved is more than
$5,000. For the record, Plaintiff enters a standing objection to
the use of neuter pronouns and/or nommes de guerre (name all in
CAPITAL LETTERS) to identify living human beings.
This Court is directed to Arizona Rules of Court, State and
Federal (1994), FORM II(b), Warrant for Arrest (Superior Court),
for the correct court caption. See also 31 CFR 51.2 and 52.2.
REMEDY DEMANDED
Wherefore, all premises having been duly considered,
Plaintiff hereby demands that this Court certify in the docket
that a counterclaim appears to evidence a claim in which the
amount involved is more than $5,000, and at once stop further
proceedings in the instant action, and forward all papers,
together with a certified copy of the docket entries in the
instant action, to the Superior Court of Arizona state, where the
action shall be docketed and determined as though originally
brought in the Superior Court of Arizona state, Pima county.
Notice and Demand to Transfer Case to Superior Court:
Page 2 of 4
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
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). See Supremacy Clause.
Dated: May 17, 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
Notice and Demand to Transfer Case to Superior Court:
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 AND DEMAND TO TRANSFER CASE
TO SUPERIOR COURT OF ARIZONA STATE:
ARS 22-201(F)
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 17, 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
Notice and Demand to Transfer Case to Superior Court:
Page 4 of 4
# # #
Return to Table of Contents for
Mitchell v. Nordbrock