IN THE INDIANA COURT OF APPEALS

CAUSE NO. 49A04-1504-PL-00163

DOUGLAS COSTELLO and

)Appeal from the Marion Superior C0

Appellant/Defendant

)
)

V.

Civil Division

SEP 2 6 2015
GREGG?" R PACHMAYR
CLERK OF COURTS

Trlal Court Case No.2 49D101011-Pk

QQJEEOFINDIANA

GERSH ZAVODNIK

)
) The Honorable

Appellce/CrossAppellam

.1.

Jeffrey Edens. Special Judge

VERIFIED MOTION TO IMMEDIATELY SETA DIEUALIFICATIONS HEARING &

ALLOWING ME TO REBUT THE GUILTY VERDICT WITHOUT AFFORDING ME DUE

("Mine"). pro

per. pcr sc. and moves the Coun on the Veried Motion To Immediately Set A

Disqualications IIcaring & Allowing Me To Rebul The Guilty" Verdict Without Affording Me Due
Process. and Zavodnik states the following:

LThis Veried Motion

To Immediately SetA Disqualications Hearing

"Guilty" Verdict Without Affording Me Due

& Allowing Me

To Rebul The

Process is led by me in order to request an immediate

Disqualicatians Hearing and to allowing me to rebut the guilty" verdict issued by the upper courts in their
numerous opinions without affording me due process and while depriving me

of righls/money/properly.

2.8aidjudgcs and justices cannot be presumed impartial. because my evidence rebuts and will further
rebut that presumption. and since there are no safeguards available to me. those individuals and entities

who don't have immunity from prosecution must now be disqualied.

3Duc to the fact that both said courts violated the very foundation ofourjudicia] system
to Ihc law and didnt remain steadfast

10

adherence

the rules governing their duties and functions. and therefore in

climate like that there is no substantial justice to Zavodnik, they must disqualify themselves. and/or

according to the Advisory Opinion 3-07, should set a hearing on their disqualications.

4.Both C A. and I.S.C. sabotaged my appeal and therefore deprived me of money/property and my

right to an appeal from the nal judgment. In the Indiana Law Review article Do You Want To Knew

A Secret? Do you Promise Not To Tell? Whoa Oh

0112* Judges,

by Hon.M.G.Rob and other authors. it states:The role

Opinions, And Judicial Notice" written

of appellate

courts in Indiana is dened partly

by the authority they are granted to review cases and partly by the restraints imposed on that review.
The Indiana Constitution provides that the supreme court, in part, shall exercise appellate jurisdiction

under such tenns and conditions as specied by rules except that appeals from ajudgmem imposing a
sentence

of death shall

grants the court

be taken

directly to the Supreme Coun. Similarly, the Indiana Constitution

of appeals. in part, appellate jurisdiction under such terms and conditions as the

Supreme Court shall specify by rules which shall, however, provide in all cases an absolute right to one

appeal." The exercise

of this jurisdiction

is restrained by the rule that trial courts decide issues based

only upon the evidence that is properly before the court and appellate courts are bound by that record
on appeal and cannot consider matters outside the record. This division

of responsibility

has been

eloquently described: The warp and woof of the fabric ofourjudicial system which guarantee all
citizens equal justice under the law depend upon the maintenance

of a pattern of judicial responsibility.

restraint. and an absolute and conscientious adherence to the rules goveming ourjudicial tribunals at
each level. The structure

of our judicial

system rests upon the solid foundation

every level of government. The keystone

of justice in our system

is the trial court, thus

accomplished under the law, it must be attained rst at the trial court level.
appellate tribunals

of our trial courts at

if it is to be

If the trial courts and the

will remain steadfast to the rules governing their respective duties and functions.

substantial justice will be done insofar as human agencies are capable

[\J

of its accomplishment.

5.The wrong acts by I.S.C. didn't only affect Zavodnik's life. while turning it into a nightmare. which
was the aim

of those acts done by I.S.C.

comply with I.S.C .s said Orders

as

and C.A.. but they also gave green light to those judges not to

well, and thus I.S.C.'s numerous mandates to '1.C.'s judges were

violated by the latter too.

of

impartiality through the primafacie hard evidence rebuning that presumption. and due to the fact that
you've been denying my due process, where for years youve been painting me in false light in order to

bring

maximum impact on damaging me and my family, you all must be disqualied, for which you

must set an immediate hearing. which I demand. You've violated my due process and equal protection

rights: you didn't even let me conduct discovery and/or have an opportunity to rebut the facts-less
statements you made about me in your multiple ad Imminent attacks to smear

off my

name and

10

assassinate my character. yet you never afforded me an opportunity to be heard. but denied me that

opportunity. and you never gave me an opportunity to bring my evidence and make an offer of proof.

10

conduct discovery, or do anything else to rebut your lies, yet you don't treat altomeys the way you've
been treating me. and yet in your opinions you

hypocritically compare me to trained attorneys since

you've on'ginal jurisdiction to do so and to discipline attorneys. Shame on you!

7.1

want to be able to do discovery and cross-examine Vaidik and other judges andjustices involved.

have to have an opportunity to defend myself and completely rebut to the very end what you've slated

about me. since the practical affect

of what you

stated about me is unfair without me having that

opportunity; nobody allowed you to violate my said rights. and be so unfair towards me. because law
turns on facts. not on your general assumptions and desire to do me in. Let me defend myself now

during a hearing which

I demand

you schedule right now. Nobody will be prejudiced by

slight delay

and no harm would be done by it to the other side. Im entitled to due process and equal protection

b)

opportunity to be heard. but denied me that opportunity. and you never gave me an opportunity to bring
my evidence and make an offer oiproof. to conduct discovery. or do anything else to rebut your lies.
yet you don't treat attorneys the way you've been treating me, and yet in your opinions you

hypocritically compare me to trained attorneys since you've original jurisdiction to do

so and to

discipline attorneys. Shame on you!

you must cease and desist now.

WHEREFOR, Zavodnik requests I.S.C. and CA. allows for my due process and equal
protection, and immediately set an immediate hearing on the said judges' and justices'

disqualications, allowing 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
I. Gcrsh

Zavodnik

(t

Amam), understand that

false statement in this document could subject me

10

the penalties for perjury. and therefore I afrm under the penalties for perjury that the statements in the
stated document are true. conect and accurate, which's my personal

("rst-hand) knowledge. and

we're competent to testify about them.

Respectfully submitted

bV'Z

zWL
7775

Afant/AppellecCIoss-Alpellanl/Gersh Zavodnik/Plaintifl
Afant/Appellce-CrossAppellant/Gersh Zavodnik/Plaintiff
9750 E. 25' 31.. Apt. 318.

Indianapolis. In 46229
email: cinemaparadiso@netzero.net

CERTIFICATE OF WORD COUNT

verify and certify that the Appellees'-Cross-Appellants V the Veried Motion To Immediately

Set A

Disqualications Hearing & Allowing Me To Rebut The Guilty" Verdict Without AfTording Me Due
Process contains no more than 4,200 words.

/
)
<

G] gfgm/Mg
Afant/Appelle'Cross-Appllam/Gersh Zavodnik/Ilaintilf

Afant/Appellee-CrossAppellanI/Gersh Zavodnik/Plaintiff
9750 E. 25' St Apt. 318,

Indianapolis. In 46229
email: cinemaparadiso@nelzero.net

CERTIFICATE OF FILING
I hereby certify that

served a copy

oflhe foregoing Appellec's-Cross-Appcllanl's

To Immediately Set A Disqualications Hearing

the Veried Motion

& Allowing Me To Rebul The "Guilty" Verdict Without

Abrding Me Due Process on the following Clerk ofthe Indiana Supreme Court, Court
Tax Court. (by depositing the same through rotunda

oppcals,

and

ling). (by placing the same in the United States

mail. postage prepaid). this 26th day ofSepIembcr, 2016) to be delivered in person to 200 W.
Washington Street. Room 217 Statehouse. Indianapolis. In 46204.

(#9) w/3VL
AfanUApi/Jel]eeCrossAgpellant/Gersh Zavodnik/Plaimiff

Afant/Appellee-CrossAppellant/Gersh Zavodnik/Plaintiff
9750 E. 25 St., Apt. 318.

Indianapolis. In 46229
email: cinemaparadiso@netzer0.net

CERTIFICATE OF SERVICE

hereby certify that

served a copy

ofthe foregoing Appellee's-Cross-Appellant's

To Immediately Set A Disqualications Hearing

& Allowing Me

To Rebul The

the Veried Motion

"Guilty" Verdict Without

Abrding Me Due Process on the following counsel of record by placing the same in the United States
mail. postage prepaid, this 26th day of September, 2016 and sending the foregoing Appellee's-CrossAppellants Veried Motion In Objection To Not Pulling The Attached Petition For Transfer Into The
Docket & Veried Motion In Support Of Veried Motions For Disqualication to Chad D. Wuenz.

Attorney ID: 2665649, Attorney for Appellants (Doug Costello & Prot Search. Inc). Wuertz Law
Ofce. LLC. 210 Victoria Centre, 22 East Washington Street. Indianapolis. In 46204.
,
,

AfanI/AppelleeCross-Appsllant/Gersh Zavodnik/Plaintiff
AIanI/AppellecCross-Appellant/Gersh Zavodnik/Plaintif1
9750 E. 25 St.. Apt. 318.

Indianapolis, In 46229
email: cincmaparadiso@netzer0.net