Beruflich Dokumente
Kultur Dokumente
Appellam/Defendant
Civil Division
)
,
v.
) 11'1211
GERSH ZAVODNIK
Appellec/Cross-Appcllam
GREGORY R. PACHMAYR
CLERK OF COURTS
VVV
The Honorable
J.
SABOTAGING MY APPEAL
('Omcs now Appellee/Cross-Appcllant. ("Gersh Zavodnik"), ("Zax/odnik). (1"), ("Me).
(Mine"). pro
not those
("My).
and the Indiana Supreme Court, who are corrupt. biased and
Motion In Objection To Not Putting The Attached Petition For Transfer Into The Docket & My Veried
l.()n 08/22/2016 I brought for ling with the Court otAppeals ("0A."), several documents.
Veried
Motion To Publish Opinion. Veried Motion To Modify Existing App. Rule 65 (B). In Objection To
Afdavit In Support Of
Three Documents.
3.0n or about 08/25/2016 Indiana Supreme Court (I.S.C.") issued an order in the above-referenced
matter. the notication
ofwhich I received
on or about 08/29/2016.
4.For a long time you (certainjudges, justices and my opposition, their counsel, law 0fce(s) and
clients. and even the media and the Indiana Judicial Qualications Committee) have been co-
conspiring. plotting, colluding, committing RICO acts and other procedural and non-procedural
obnses/vioialions against me, my family members, other people and the law. thinking that you all are
above it and the Constitution
of our people, and therefore you don't have to play by the very
rules that
you. as judges andjustices, yourselves created, but you've been fooling yourselves, and you know
about it, for the arm
will
since you're not completely immuned, because there are no safeguards against your unlawful acts,
which exist to protect us due to all of you being in co-conspiracy with one another and committing
RICO against us,
it even mention the fact that with my Veried Motion to Proceed in Forma Pauperis I've also led
the Veried Afdavit accompanying said documents. and therefore it deliberately misrepresents the
facts. so that both C .A. and I.S.C. could later onjustify its unlawful acts and lie a ground for continuing
'doing me in on appeal and continuing deliberately painting me in false light, defaming me worldwide
through the media and issuing sanctions and penalties against me through the discriminatory/unfair.
biased/capricious opinions/orders without even giving me an opportunity to rebut them through
hearing. which you've previously denied me, violating my due process/equal protection and other
[0
of an
right to life free of these and other unlawful deprivations/violations and discrimination while you coconspired. plotted and colluded, committed RICO acts, other violations, caused my father to have
heart-attacks, and incited harassments/imimidations/violence/hatred, abuse and threats towards me not
only by your colleagues, but also worldwide, retaliating towards me for openly criticizing your
discrimination towards my family and me, violations/deprivations and committing multiple other
offenses, including but not limited to covert, and not, schemes and acts, to which I've objected in the
past too. and I'm putting you all on notice that I've led a Notice
affording me
as I
ofTon Claim,
hearing, and thus violating my due process again. I've led another Afdavit with my
ling for Rehearing. but you also didn't put it on the docket.
6.1.S.C.'s original jurisdiction in discipling attorneys to who they afford a due process, and before any
disciplinary actions. opinions negatively describing those attorneys acts, sanctions or penalties're
imposed. an altomey usually has an opportunity to present evidence, to rebut the allegations against
of me a pro
of an
se
of your mum,
on
various occasions. have stated that Mr. Zavodnik has every right to represent himselfin legal
proceedings. but a pro
se
of being self-represented.
See
as a trained
N.E.2d 553. 555 (Ind. Ct. App. 2009), trans. denied. cerl. dismissed. One risk
Lo)
v.
is held to
Donahue. 907
proceeding pro se is that he will not know how to accomplish all the things an atlomey would know
any benevolent presumption on his behalf or to waive any rule for the orderly and proper conduct olhis
appeal. Foley
v.
Mmmor. 844 N.E.2d 494, 502 (Ind. Ct. App. 2006). Therefore. time and time again.
you've proven to me that you don't treat me equally, and in fact you made your primary goal (when it
comes to me, or those who represent me) to 'black-mark' and to do me in', and that you'd go as far as it
would take you, and would not stop in front of anything to get rid of me and my cases and/or those who
represent(ed) me, to harm, damage, injure, abuse, intimidate, harass. threaten, retaliate, discriminate
and commit multiple various other illegal offenses, acts and misconduct not only against me. my family
members. but also against those who either represent me, or who criticize your unlawful acts, and
therefore you didn't even notice when you crossed the boundaries
of decency.
7.When my former attorney Mark O'Hara ran for being elected as ajudge and wanted to try to change
family had to relocate from Indiana, and therefore through these unlawful means you've intimidated
and threatened Mark's family, Mark and my
HAW case, on 09/30/2014, I.S.C. stated:Mr. Zavodnik has argued that the system
as a
is
pro se litigant. Mr. Zavodnik has every right to represent himself in legal
pro se litigant is held to the same standards as a trained attorney and is afforded no
56 has
of being self-represented.
See Matter
ofG.P.U..
v.
359 (5th Cir. I986) (denying lFP application and dismissing appeal). Even if'a court may take reasonable
steps to prevent a good faith pro se litigant from being placed at an unfair disadvantage. an abusive litigant
dismissed", which was your fraud on court and me since it wasn't as the docket of the said US. Federal
Court shows and thus you deceived the public and me in addition to which, the case is still not dead.
and in fact the case is in the US Supreme Court:
10/33 0014
3_0
301/12/2015
7.
3i
I'
lO.You've also stated that On September 30. 2014, our Supreme Court issued an opinion in another
v.
of
petition to transfer in that case, but it issued an opinion that gives guidance to this states courts on
some options when confronted with abusive and vexatious litigation practices. Id. At 261-62.". and
you stated "As our Supreme Court has recognized, Zavodnik is a "prolic. abusive litigant." Zavodnik
v.
Harper, 17 N.E.3d 259, 261 (Ind. 2012). He spends much ofhis life prosecuting lawsuits against
individuals and businesses with whom he has entered into online transactions. See Zavodnik
Ric/mills. 984 N.E.2d 699, 701 n.2 (Ind. Ct. App. 2013). aff'd on reh
'g, 988
v.
App.20]3).
How can a court deny petition to transfer while issuing its opinion while denying me my due
process stated above. and that opinion to be not void? It's impossible, for without affording me due
process. you violated my various rights. and therefore that Order is void!
5
Illn a published to the third parties opinion, you called me someone who brings/brought an "abusive
and \exalious litigation. Let us look at the denition
as: Vexalious
of those terms.
its merits, solely to harass or subdue an adversary. It may take the form
meritorious cause
of a primary-ivnlaus lawsuit
is
of action.
l4.Duhaime's Law Dictionary denes such a person as someone. who habitually or persistently
engages in legal proceedings, without having a legitimate claim requiring resolution while the Free
VEXATIOUS
A proceeding is said to be vexatious when the party bringing it is not acting bona de, and merely
wishes to annoy or embarrass his opponent, or when it is not calculated to lead to any practical result.
Such a proceeding is often described as frivolous and vexatious," and the court may stay it on that
ground.
VEXATIOUS ACTION
Endorsement or claim pleading that it is frivolous, cause prejudice. discloses no reasonable cause. is an
abuse of process. Also known as frivolous action or suit. vexatious proceeding.
VEXATIOUS PROCEEDING
malicious action done to annoy or hassle the opponent in a case before court. Information and
Denitions from Black's Law Dictionary. The Law Dictionary Featuring Blacks Law Dictionary Free
Online Legal Dictionary 2nd Ed., page # 18.
a
15.Without demonstrating all of the facts and without giving me due process to rebut said capricious
opinions with my evidence, the dirt that the said individuals deliberately brought on me together with
co~conspiring media, in order to retaliate for openly criticizing them and their colleagues
other judges
and justices for their multiple unlawful violations/deprivations. you basically opined and published to
the third parties that I'm an abuser (all while you were and are abusing me and my rights. and therefore
are abusers yourselves), in order to destroy me, my
harm, intimidate, threaten. violate my rights, discriminate against me, deprive me, those who represent
me. and my family
and my life intolerable, and in order to incite others towards harm and even physical violence against
my family and me, you basically stated that I persistently exploit and abuse the processes
of the court
in order to achieve some improper purpose or obtain some advantage, and you basically stated that I
did all ofthat while being self-represented, and you implied that my motivation appears to be to punish
or wear the other side down through the expense of responding to persistent, fruitless applications. You
even failoed to state that I had several anomeys representing me, who cried and left the cases because
of your abuses,
as
I6.You deliberately didn't allow me to rebut what you brought to destroy me with, yet most of what
you brought had no hard facts to substantiate with what you opined and published while stating what
you did. and since you lied and concealed facts capable
of destroying your
fraud on court upon which you yourselves and others relied upon and followed up on. and you brought
it not only on court, but also on me, while you also and on multiple occasions brought perjury, deceit
and misrepresentations, for in my life in Indiana
(30)
thirg cases on the merits, and that's exactly why you would not let me win another case, and
of your lies
you "See. I won another case on the merits!", for that'd continue destroying your goal
by saying to
of painting
me in
false light as someone who('s) brings/brought an "abusive and vexatious litigation" and where you
labeled me a vexatious. prolic, abusive litigant, someone who won anywhere betweem24) twentv
system which you created yourselves through your own rules which you yourselves don't follow and
your corrupted practices (Publish all of this! You won't ah7). As Ive stated, you're so low that in your
commitments of RICO and orchestrated co-conspiracy and other attempts to silence me. you even
threatened the life
of my former attorney's
[g]uidance to this states courts on some options when confronted with abusive and vexatious litigation
practices." Id. At 261-62., and you stated As our Supreme Court has recognized, Zavodnik is
17
life prosecuting lawsuits against individuals and businesses with whom he has entered into online
transactions. See Zavodnik
v.
Richards, 984 N.E.2d 699, 701 n.2 (Ind. Ct. App. 2013). a"d on reh g.
ofmillions of dollars. property. rights and even deprived my family members oftheir lives.
and my
poor killed dad exposed all ofyou in his Veried Afdavit too.
19.You'\'e basically stated that I'm someone who persistently and habitually engages in legal
proceedings. without having a legitimate claim requiring resolution, and you've basically stated that
sue in order to annoy, harass, or
nancially punish other people and 1 strain court resources. ood the
of judges
being dealt with, and that I force other people to incur otherwise unnecessary legal bills. and you
basically stated that no reasonable person can reasonably expect to obtain relief, yet you were biased.
prejudice and unfair, because in your ad Imminem attacks to assassinate my character and to basically
'bury me alive' through your published lies, and deliberately without affording me due process. you
deliberately hid from the public for who those opinions were published, the fact that
Q30)
thirtv
cases on the
I have won
would have no place to live in, nobody would hire me to work. nobody would do
business with me. no attorney would want to represent me, and so I would suffer and go away when
20.] didn't bring my suits for an improper purpose, including the harassment and oppression
parties by multifarious proceedings brought for purposes other than the assertion
12 years I
of other
of legitimate rights.
In
didn't sue Wuertz whom you sent on me, have I? Nevenheless, I will do so now for he's one
against me.
2] .In determining whether proceedings are vexatious. the court must look at the whole history of the
matters and notjust whether there was originally a good cause
never cared for it since it would've destroyed your unfair discriminatory practices towards me. and
that's exactly why you concealed and hid from the public the very fact that I've won anywhere
thirtv
of the salaries of those who often 'did me in' could be paid too.
22.Before your discriminatory campaign against me, those who represented me and my family, was
as
dismissed with prejudice by I.S.C., and I was awarded a big money awards too. Did you 'accidentallv
or by
negligent mistake' forget to mention that in your Opinions? Well. why don't you correct and x
that 'accidental
would put
a dent
undermine your goal to refer to my suits as pretty much legal bullying, and to me such a pro se legal
terrorist.
23.You've stated that I can expect no latitude. but have I ever had latitude from you, or did I ask for it to
begin with? No. In fact and on contrary. as I've stated, and after reading and comparing your opinions
issued against pro se people compared to those against attorneys, instead
9
of leniency
of self-represented in discrimination/animus
you've treated attorneys, yet in your hypocritical opinions you have guts to sometimes proclaim that
there's a leniency for self-represented while at some other times and when it suits your other purposes.
you compare us to trained attorneys, and yet you don't treat us as such, as I've demonstrated to you.
24Jusxice's supposed to be blind. not Judges when it comes to justice. Yet, you deliberately made
yourself blind when it comes to justice. Judges've taken control of the right to assert the rights
guaranteed to us, including me, yet those rights're no longer inalienable as guaranteed in the
Constitution. You made it so that the public has those rights only when
a judge feels
public have them, and you deliberately made it so that nojudge feels like letting Zavodnik and his
if a judge doesn't feel like letting a person have his/her rights. Ihose
person won't have them, when it comes to Zavodnik and his family, there is no
family and I have no rights due to you. and you've gured that there's really nothing Zavodnik can do.
not even pray for a shot at a Grand Jury, hence you created an unfair system in which effectively.
j udges.
as
vending machine dispenses. either dispense" our rights at their whim/pleasure with total
citizens have no other means to enjoy or enforce their civil rights except through that same court
system. once again consisting
of all ofyou,
fairness against her own son. Would you get any? No.
If a
judge for leave to assert their rights. Where their prayers are denied. their rights are
denied. What a joke(!); but who judges the judges? Thejudges themselves? What ajoke! Ill work hard
to promote
body
10
judge the judges, since the judges like you're law/rights-violators, act not according to sworn duties.
26.When you're supposed to take evidence judging cases accordingly, you prejudge cases according to
the parties and you tailor evidence or its lack to your prejudged-opinions. Is that how the system
of
you publishing your capricious opinions. you'd known what their real effect on me and my family
would be. and in your opinions you looked at me through the lens of my vexatiousness, yet you never
looked at everything I did, such as my wins on the merits in the lower courts and wins in both of the
upper courts. and in your void capricious discriminatory opinions you concealed it from the public too
in order to sway their opinions about me.
28.Rush and otherjustices/judges, such as Vaidik and others, weighed 'my vexatiousness into their
decisions while issuing their opinions, and they had pre-judged the outcomes
and then tailored their decisions to those pre-judged outcomes, instead
of numerous of my cases,
its
lack in front of them, but is that how justice works? No, that is how the injustice works.
29h might
have been that the said judges and justices in the said opinions and orders haven't issued an
expressed impi11gement/restrictions. sanctions and penalties, but their practical effect's harsh and
10
stated in this document and my numerous other documents on le, including those that are
contemporaneously led now. such as the Veried Motion/Afdavit For Disqualication Of Judges Of
The Indiana Court
To
Immediately Set A Disqualications Hearing and other documents. Please see those documents on le.
30.l request the Court with jurisdiction and judges/justices with jurisdiction, not those
of CA.
and
11
of
In Support
Of
Veried Motions For Disqualication and other documents on le and those which are
Hearing on their
disqualications.
WI-IEREFORE. Zavodnik requests the Cou withjurisdiction and judges/justices with jurisdiction. not
those
disqualil'xcalions, and for all other relief. all just and proper in the premises.
VERIFICATION
I. Gcrsh
a false statement
10
the penalties for perjury, and therefore I afrm under the penalties for perjury that the statements in the
stated document are true, correct and accurate, which's my personal ("rst-hand") knowledge. and I'm
72 wvv/ VK
141
Afant/Apellee-Cross-Appellam/Gersh Zavodnik/Plaintiff
Afanl/Appellee-CrossAppellant/Gersh Zavodnik/Plaintiff
9750 E. 25 81.. Apt. 318.
Indianapolis. In 46229
email: cincmaparadiso@netzer0.net
verify and certify that the Appellees'-Cross-Appellanls' Veried Motion In Objection To Not Putting
The Attached Petition For Transfer Into The Docket & Veried Motion In Support Of Veried Motions
For Disqualication contains no more than 4,200 words.
(i xmw/LL
Afam/Appellee Cross-Appellant/Gash Zavodnik/Plaintiff
Afam/AppelIceCrossAppcllam/Gersh Zavodnik/Plaintiff
9750 E. 25 St.. Apt. 318.
Indianapolis. In 46229
email: cinemaparadiso@netzero.net
CERTIFICATE OF FILING
I
served
Objection To Not Putting The Attached Petition For Transfer Into The Docket & Veried Motion In
Support Of Veried Motions For Disqualication 0n the following Clerk ofthc Indiana Suprcmc
Court. Court ofAppeals. and Tax Court. (by depositing the same through rotunda ling). (by placing
the same in the United States mail, postage prepaid).
in person
10
10
be delivered
CM
paw/wk
Afant/Appellee-Cross-Appellanl/Gersh Zavodnik/Plainti 1T
Afam/Appellee-Cross-Appellant/Gersh Zavodnik/Plaintiff
9750 E. 25 St.. Apt. 318.
Indianapolis. In 46229
email: cinemaparadiso@netzero.net
CERTIFICATE OF SERVICE
I hereby
Objection To Not Putting The Attached Petition For Transfer Into The Docket & Veried Motion In
Suppom
Of Veried Motions For Disqualication on the following counsel of record by placing the
Disqualication
10
Chad D. Wuenz, Attorney ID: 26656-49, Attorney for Appellants (Doug Costello &
Prot Search. Inc). Wuenz Law Ofce, LLC, 210 Victoria Centre, 22 East Washington Street.
Indianapolis, In 46204.
Afam/Appel1ee-CrossAppe11ant/Gersh Zavodnik/Plaintiff
Afant/Appellee-CrossAppellant/Gersh Zavodnik/Plaintiff
9750 E. 25h SL, Apt. 318,
Indianapolis, In 46229
email: cinemaparadiso@netzero.net
14