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Gersh Zavodnik Again DEMANDING Supreme Court Disqualification
Gersh Zavodnik Again DEMANDING Supreme Court Disqualification
Civil Division
2:
)
)
GERSH ZAVODNIK
Appellee/CrossAppellam
10
)
)
v.
9972 FILER")
g
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SEP 2 6 2016
58;: 5} E3011???
Judges
()fThc Indiana Court Oppeals (0A.") And Justices OfThe Indiana Supreme Court ("l.S.C").
following:
1.As l have stated in my Veried Motion In Objection To Not Putting The Attached Petition For
Transfer Into The Docket & My Veried Afdavit. Deliberately Sabotaging My Appeal, it mightve
been that the said judges andjuslices in the said opinions/orders haven't issued an expressed
impingemem/restrictions. sanctions/penalties, but their practical effect's harsh and reects what those
unjust and damaging opinions've done to me and to my family, which's been stated in that document
and my numerous other documents on le, including in this contemporaneously-lcd document now ~
Oppeals And
Justices OfThc Indiana Supreme Court & Veried Motion To Immediately Set A Disqualicatims Hearing
and other documcnts. Please see those documents on le. Herc below and a bit later on.
~~
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~1dgqmomwm~~~
~
(Mine"). pro
..
2.When in
name brings up 123 cases in Marion County and other counties on the Odyssey case management system
(which is not yet in place in all Indiana counties). All but three ofthose cases were led since January 2008.
Mr. Zavodnik is also a party in thirty-four cases before the Court
oppeals and
twenty-three special judge requests.". you stated a lie to deliberately paint me in false light. because at that
time I'd about 50-something cases led, and you did that knowing that the media, who's your coconspirators. would immediately pick up your lie and make
-a
product specically created by you to destroy me. The various media sources put some personal touches on
your
False
see
in this Motion/Afdavit.
3.Here are some ofthe comments and publications demonstrating the said practical effect
ofyour opinions:
"Doug Costello who sold printer on Craigslist spends $12k on legal ...www.dailymail.co.uk/.../MansoId-40used-printer-Craigslist-spends-six-half-...Daily Mail Loading...Jun 6, 2016 -
He
initially led
Zavodnik is an
court asking for maximum ..., and the practical outsomes of your opinions also state "Beware
Zavodnik
of
- The buyer. Gersh Zavodnik, said the printer was broken and sued him for
Zavodnik is an prolic
litigant who has led over 200 lawsuits, ...and Man who sold $40 used printer on Craigslist spent the
next six- and ...wwwgopbriengroom.com/index.php?topic=210732.0 Jun 7, 2016 -
The buyer. Gersh Zavodnik, said the printer was broken and sued him for
and
post -
author
Zavodnik is an prolic
Jun 6, 2016
Gersh Zavodnik is a perfect example. (bold by 6.2.) Read this article in USA
IQ
"
Sugerfuzz-BigMuff
16
is
this kind of thing is justied. When the justice system fails completely, it's the job of the people to
months ago.
"You are then allowed to kill them right? ..... only seems fair (bold by G2.) and
"||Televisions Frank
dump
points4 points
lawsuit on someone with no qualms about killing him to end it. (bold by G2.) and
HQ 94 poinls95 points96 points 2 months ago. The whole situation is so hopeless. This
Zavodnik guy
is
so
far has
person who would just murder him for being such a terric asshole. (bold by 6.2.) and
'|Lord Dreadlow
2 months ago.
of
"
pursue any legal action against Zavodnik. The action I'd pursue against this low-life piece of shit
wouldn't be legal in nature either, I can tell you that. (bold by G.Z.)
and
"
morejosh 38 points39
points 40 points 2 months ago. "Zavodnik the prick should be shipped back to Ukraine. Fucking
scum. (hold by 6.2.) and How come serial killers never kill people who truly deserve it?
Gersh Zavodnik is a perfect example. (bold by 0.2.) Read this article in USA Today:
http://www.usatoday.com/story/money/nation-now/20 l 6/06/06/man-sued-30k-over-40-printerhe-soldcraigslisu85478168/ "And tell me this world would not be a waaaay better place without Gersh
Zavodnik in it. He comes to this country (USA) from the... Gersh Zavodnik
is a
perfect example.
b)
would not be a waaaay better place without Gersh Zavodnik in it. He comes to this country
(USA) from the Ukraine and spends his life suing people he buys things from online. Hello all you
serial killers (and rapists) out there! This guy is just asking to be your next victim. (hold by 0.2.),
and much more was published with photos
as a
direct effect
of
of his
prolic.
name brings up [23 cases in Marion County and other counties on the
Odyssey case management system (which 2 is not yet in place in all Indiana counties).
cases were
Appeals and this Court, including twenty-three special judge requests.. at that time
of
fty
cases, which you knew or were supposed to know, yet you deliberately constructed your sentences so that
sensation, and so those who aren't legal professionals would be misled and
812
me and other circumstances. as 8-12 difTerent cases, and therefore you've been able to
sway their opinion against me. and the media. which co-conspired with you, instead ofdoing the fair-
I'eponing,joined you in destroying and abusing me, with all ofyou and the opposition inciting the public to
harm me one way. or another, and thus you've reached your goal by doing these things innuendo.
5.1t's interesting to notice that the Odyssey CCS system and docket
of law
suits brought by various entities, including Fargo, Indiana Loss Mitigation, Inc ("friends
of
Mr.Wuertz"), and other banks, collection agencies, various other entities and lawyers, and other entities
and individuals. including more than two dozens
opposition) not for his clients, but his own law suits, on his own behalf, yet l.S.C. and CA. have never
singled them out. never issued any opinions calling them vexatious. abusive. or using vcxatious
litigation practices, never gave ...[g]uidance to this states courts on some options when confronted
with abusive and vexatious litigation practices. Id. At 261-62.", and never stated to them anything
similar about those entities and individuals
as
v.
Zavodnik
See
v.
businesses
(Ind. Ct. App. 2013), affd on reh g, 988 N.E.2d 806 (Ind.Ct. App.2013), and when you stated Mr.
Zavodnik has argued that the system is unfairly biased against him
every right to represent himself in legal proceedings, but
as a
se
pro
se has no
of being
machinery with meritless litigation, and abuse already overloaded court dockets." Farguson v. MBank
Houston. N.A.. 808 F.2d 358, 359 (5th Cir. 1986) (denying [FP application and dismissing appeal). Even
a
se
if
disadvantage. an abusive litigant can expect no latitude. and you did that while harassing. abusing and
intimidating me while your lower courtjudges had cops present, sometimes with the dogs. at each hearing
or trial
that
attended in my cases, all to shut me up, intimidate. abuse. threaten and harass me. like Gestapo. so
couldn't even stand up for my rights, bring evidence. or even be able to make an offer of proof.
all
because you criminals gave those couns and your other colleagues-criminals, green light to do so. Yet.
"Midland Fundings won much less cases than I won on the merits, and in fact I won more
cases
percentage wise than most lawyers known to me ever did, but please take into an account that when
lawyer has to legally ght only the opposition, and/or their attomey(ies), and often even none of them.
while winning his/her cases by default, I havnt been given default judgments. other than maybe
very
few (the most). yet I've had to legally ght not only the opposition. and/or their attomey(ies), but in
most
of my cases,
the Gods
cases and
tailor
their outcomes to those prejudged opinions, in which Zavodnik must always lose regardless the
evidence and any other factors, and therefore it's fair to say that in the circumstances such as these,
where the hostile environment towards Zavodnik warrants no wins for him. Zavodnik have been able to
previous occasions, co-conspired, plotted, colluded and committed RICO acts, and sabotaged
as on
both
as a
the things she did together with or apart from judges C.J.. Barnes, Mathias, JJ.) co-conspired. plotted,
colluded, sabotaged my appeal, committed RICO and other violations and offenses, while depriving me
of my numerous rights/money/property,
so by I.S.C's
LH.
Rush, C.Bumham, the opposition, their counsel and his law ofce, media and others.
JJ
above
Afdavit on 6/22/2016.
Petition to Transfer. In addition to other issues, the said documents mentioned above, clearly
of the said
individuals against me, yet upon today, the said documents aren't even on the docket of this case.
10.In James Carter v. Gersh Zavodnik, et al. (49AO2-1602-CC-00314) Vaidik ex pane communicated
with Joven and committed multiple other vi01ations/offenses/deprivations listed by me in Petition for
Rehearing, led by me 05/23/2016, which she also denied after closing her eyes on fraud and perjury
brought by her colleague Joven, and similar things happened in Gersh Zavodnik, et al. v. James Carter
(49A02l601-CC-00005). where Vaidik. while herself stating that she/CA. has nojurisdiction, granted
Joven's ex-parte Request for Guidance, led by Joven ex pane on 01/25/2016.
11.1n
Zavodnik. Gersh
v. Cheng,
committed same or similar deprivations, and while 1/26/2015 denying my Motion and even Afdavit
for her to Show Cause (led by me on 01/22/2015), which's unheard of; it's like we'd allow drug-
trafckers and murderers to conduct their own trial and rule on their own cases, prior to which on
12//18/2014 Vaidik,just as in majority
of my appeals denied
me to
it would be complete, and dismissed the appeal with prejudice. In her Order she wrote that nothing was
led in furtherance of that appeal, which was written by her despite the fact that she knew that T.C.,
and therefore the Court's Recorder wasn't xed/corrected/complete, nor was the Transcript. and
therefore I couldn't have the xed/corrected/complete Transcript available, and my Brief wasnt even
due yet, and thus when the
the Notice
of Completion of Clerks
Record has
not been led and therefore the Clerks Record wasn't complete, she sabotaged my appeal in that case
of my cases on appeal.
Of Time (Afdavit Of Personal Knowledge (First-hand Knowledge) For The Court Reporter To
Correct Errors In The Transcript & For Zavodnik To Submit His Brief And Appendix Within (60) Sixty
days
After The Corrections Have Been Made, Or (45) Forty Five Days at Its Minimum (After The
Corrections Have Been Made. Notice Of Completion Of Transcript Hasnt Been Filed.
7
12.The same or similar treatments by the said courts and individuals in my numerous other cases could
be demonstrated by me
in here over and over again, but I prefer to do it during your disqualication
Hearing, and besides, the limitations of pages that I'm allowed to have in my motions, which are
imposed upon me by the App.Rules make it impossible to demonstrate all
possession and which is on the record, which clearly shows animus, discrimination, co-conspiracy,
plotting, sabotaging my appeals, collusion, multiple predicate acts and commitments of RICO act over
and over again, as well as other violations and offenses, all resulting in said deprivations, and therefore
I request the courts stated above to set up a hearing on these judges' and justices' disqualications, at
which I would demonstrate all of the instances of the said multiple violations/deprivations. Id. Judicial
Notice
13.Suchjudges and justices cannot be presumed impartial, because my evidence rebuts that
presumption, and since there are no safeguards available to me. those individuals and entities dont
have immunity from prosecution.
I4.Exhibits which I've attached, not only demonstrate the said documents led by me, yet they never
appeared on the docket
of CA, but they also demonstrate cases led by the opposing counsel,
and they
(a pro 56
person who openly criticized you all for which you've retaliated at me) vs. the others, and to compare
apples to apples, and not to oranges.
15.These examples, which I also attached as Exhibits, demonstrate not only the documents through
which you've sabotaged my appeal, but also the cases led by Mr.'Wuertz not for his clients, but on his
own behalf. It seems that by using the logic
of 1.8.0, a person who les more than (1) one law suit,
les too many, and therefore becomes a vexation abusive litigant when it comes to me, yet when it
comes to Mr. Wuertz, it's perfectly
as
long
as hes not
Zavodnik, and it's also ok for the Midland Funding, for example to have (151. 120) one
hundred and fty one thousand and one hundred and twenty entries into the Odyssey system. again as
mortal and I make mistakes), and their cases demonstrate various violations by those Plaintiffs, yet no
'special' treatment and no guidance as per how to deal with them has ever been issued. as it was
'specially' and specically done for Zavodnik. You do nothing to dozens upon dozens of people and
entities like those. including you doing nothing to the opposition and their counsel Wuertz, yet you
picked me
as
as
your scape goat 'to do me in for openly criticizing all of you, and you decided to do me in
1/23/2 FOR THE REASONS STATED ABOVE, THE COURT DISMISSES WUERTZ'S PETITION
FOR REVIEW. WE ALSO NOTE THAT WUERTZ HAS FILED A MOTION. PER
006
APPELLATE RULE 34(D), FOR LEAVE TO FILE A REPLY IN IN SUPPORT OF HIS
and similar procedurally improper lings by the opposing counsel Wuertz appear in numerous cases.
yet I.S.C. has failed to issue the same or similar guidance against Mr. Wuertz. as it issued about me.
Dozens upon dozens
it, and on contrary did the appeal for Mr. Wuertz, despite not having a right to do so.
17.Another deprivation
of my rights/money/property
harmful tactic of remand of my cases to the lower court spiteful judges, who hated me and
discriminated against me, which was done by I.S.C. on multiple occasions so those T.C. judges would
'nish me up' and continue violating my rights and commit said deprivations at the whim and green
so by I.S.C., and therefore despite the facts stated here above and the fact that
all in violation
of the I.T.R.s.
Plaintiff 5 rights, l.C.s, Rules and Code of Judicial Conduct, Rules of the American Bar Association,
Rules
the province
of what
proper, all done so illegally by I.S.C., who truncated the case law with the right opposite holding(s)
is
of
what I.S.C. deliberately misrepresented as the said holding(s) state, after which those two cases
sentences were glued together by I.S.C., the latter used the said
atlomeys and pro se litigants alike, to remand the black-eyed by Plaintiff lions back into the cage with
already previously-wounded by those lions Plaintiff, and therefore those acts by I.S.C. left Zavodnik at
mercy of the said previously-removed by the I.S.C.s right hand (LJudson)
Judges, thus
leaving Zavodnik unprotected, while attempting to justify their wrong-doing by stating that those
Judges are already familiar with those cases, and therefore can speed up their resolution, yet completely
disregarding the fact that those judges were removed by I.S.C.s right hand due to the fact that those
Motions for hearings to begin with as it is prescribed to be done in 30 days, and thus their removal was
of their action
come back on the Plaintiffs cases, other than the Justices wanted them to eat up Zavodnik, to which
later on, I.S.C. gave green light too by issuing its facts-less-paintingZavodnik-in-false-light-
09/30/2014-Order. after which not only the said Judges, but lawyers such as the opposing counsel
Wuertz and multiple media, received I.S.C.s green light to abuse Plaintiff too by defaming the latter
and painting him in false-light all over the media, and therefore the wrong purpose was deliberately
used to harm, damage, hurt, harass, intimidate and abuse Zavodnik.
10
of Judge
of an orderly judicial
If the
as
of a
violation, then, the shroud of confusion will prevent any meaningll, just and predictable solution to
those disputes which must be resolved in our courts. 412 N.E.2d at 1232.. Otte v. Tessman, 426
of ourjudicial
well
as I must be
system
as
given due process through an opportunity to rebut your allegations against me,
conduct discovery, and to rebut your unfair guilty verdict, which you announced without giving me
an opportunity to be heard, to present evidence and to rebut the allegations against me, as
well
as to
of impartiality.
21.The wrong acts by I.S.C. didn't only affect Zavodniks life, while turning it into a nightmare, which
was the aim
as
and
CA, but they also gave green light to those judges not to
rebutting that presumption, and due to the fact that you've been denying my due process, where for
years you've been painting me in false light in order to bring a maximum impact on damaging me and
my family, you all must be disqualied, for which you must set an immediate hearing, which I demand.
NOW.
11
WHEREFOR, Zavodnik requests I.S.C. and C.A.'s said judges and justices disqualify themselves
now, or alternatively the judges
violating my rights
and depriving me of rights/money/propcrty and from ruling on my cases, other than they
immediately set
Hearing on their disqualications, and they must allow for my due process and
equal protection, and they must allow me to conduct discovery and rebut what has been stated by
all of you in your numerous opinions, and for all other relief, all just and proper in the premises.
VERIFICATION
l. Gersh Zavodnik (the Afant). understand that a false statement in this document could subject me to
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
k *7
917! W/WL
Afant/Appcllce-Cross-Appellam/Gersh Zavodnik/Plaimi ff
Afant/AppelleeCross-Appellant/Gersh Zavodnik/Plaintiff
9750 E. 25" SL. Apt. 318.
Indianapolis. In 46229
email: [email protected]
verify and certify that the Appellees'-Cross-Appellams' Veried Motion/Afdavit For Disqualication
01 Judges
Afant/Appellee-Cross-Appellam/Gersh Zavodnik/Plaintiff
Afam/Appellee-CrossAppellam/Gersh Zavodnik/Plaintiff
9750 E. 25" SL. Apt. 318,
Indianapolis, In 46229
email: [email protected]
CERTIFICATE OF FILING
I
served
01
of
Appeals. and Tax Court. (by depositing the same through rotunda ling). (by placing the same in the
United States mail, postage prepaid), this
26111
day
of September. 2016) to
,rj
C97 \giL/W/W/C
Afam/AppbelleeCross-Appellam/Gersh Zavodnik/Plaintiff
Afant/Appellee-Cross-Appellant/Gersh Zavodnik/Plaintiff
9750 E. 25h St.. Apt. 318.
Indianapolis. In 46229
email: [email protected]
CERTIFICATE OF SERVICE
served a copy
OfThe Indiana Supreme Court (I.S.C) on the following counsel of record by placing the same in the
q
13
United States mail. postage prepaid, this 26th day of September, 2016 and sending the foregoing
Appellee's-CrossAppellant's Veried Motion/Afdavit For Disqualication OfJudges OfThe Indiana
Coun
Attorney ID: 26656-49, Attorney for Appellants (Doug Costello & Prot Search Inc), Wuertz Law
Ofce. LLC. 210 Victoria Centre. 22 East Washington Street, Indianapolis, In 46204.
,1: 7
(efxsM/avwm
/
Afant/Appellee-Cross-Appellant/Gersh Zavodnik/Plaintiff
Afant/AppelleeCrossAppellant/Gersh Zavodnik/Plaintiff
9750 E. 25" St.. Apt. 318,
Indianapolis. In 46229
email: cinemaparadiso1letzeronet
14
l.
Wuertz Law Ofce LLC v. Anthonv
29D01-1507-MI-006215
Wilson
3.
4.
49D02- 0| 1-CT047920
1
7.
l6.
l9.
49D02-1011-CT-047920
23.
Court
Supreme Court
Converted Event
FOR THE REASONS STATED ABOVE, THE COURT DISMISSES WUERTZ'S PETITION
FOR REVIEW. WE ALSO NOTE THAT WUERTZ HAS FILED A MOTION, PER
01/23/
APPELLATE RULE 34(D), FOR LEAVE TO FILE A REPLY IN IN SUPPORT OF HIS
2006
PETITION FOR REVIEW. BECAUSE WE FIND HIS PETITION PROCEDURALLY
IMPROPER, WE DEEM HIS MOTION FOR LEAVE TO FILE A REPLY TO BE MOOT.
RANDALL T. SHEPARD, CHIEF JUSTICE MS
MAIL. DL