Appendix — In Re Perry

Supreme Court brief2002

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Text

(2) supreme Cour, U.S.

QO2 104 WN 1 7 2002

No. clens*

OFFICE OF THE

IN THE

SUPREME COURT OF THE UNITED STATES

In re LLOYD G. PERRY

Petitioner

V.

INDIANA SUPREME COURT et al

Respondants

On Petition For

Writ of Mandamus and Prohibition

SEPARATE APPENDIX TO

PETITION FOR WRIT

OF MANDAMUS AND PROHIBITION

Lloyd G. Perry

Pro se on record

P.O. Box 11041.

Ft Wayne Ind 46855

[Oo |

TABLE OF CONTENTS

FOR SEPARATE APPENDIX TO

EXTRA ORDINARY WRIT

SUBJECT: PAGE USED:

“ ***¥NOTICE***

The contents of this appendix consists of parts of the record

as filed in the Indiana Court of Appeals and petitioned to be

transfered to the Indiana Supreme Court.

Most of the documents contain a full table of contents and

table of authorities. Please do not confuse this table of contents

with those for the individual tables as said, or with the

additional appendix that is entitled “Lodgings” that

accompanies this set of documents related to the petition for

extraordinary writ, but which contains record parts of some of

the other cases related to but not part of Perry v. Curtis.

1. Brief of Appellant I. thru 37

Original page numbers are in brackets |

. Petition for Rehearing 38 - 51

2

3. Attached Opinion to rehearing 52 - 56

4. Certification to lower Court of judgment 57 - 59

5. Petition to transfer to Indiana Supreme Ct. 60 - 63

6. Table of Contents of the record 64 - 90

- This "Catalog" is required by appellate

Rules and is intended identify each

documents and tell what it represents.

“1. ~

IN THE

INDIANA COURT OF APPEALS

CAUSE NO. 57A04-0009-CV-404

LLOYD G. PERRY, ) APPEAL FROM THE

Appellant/ Defendant/ ) NOBLE SUPERIOR COURT

C. Pitf. (Below) ) Cause No. 57D01-CT-000018

v. ) )

MARVIN R. CURTIS, et al., ) The Honorable

Appellee/ Plaintiff/ ) J. Scott VanDerbeck, S. Judge

C. Deft. (Below) )

BRIEF OF APPELLANT

TABLE OF CONTENTS

SECTION: SUBJECT: PAGE NO:

I. Jurisdiction of Court of Appeals questioned. 1

I. Jurisdiction Of Indiana Supreme Court 1-6

1. Statement of Statutes assigning exclusive jurisdiction 1

2. Injunction, encroachment on Supreme Court jurisdiction 1

3. Case of Curtis v. Perry in wrong court voids jurisdiction 2

4. Discrimination against Perry pro se 2

5. State Supreme Court, failure to discipline, failure to 3

protect, is direct cause of Curtis case.

Long term pattern(History)of State policy discrimination 3-4

Intentional tort by Curtis in aid of getting a StateCourt 5

injunction against Perry as twin to Federal Injunction

Case “arises under" U.S. Constitution Article II. § 2.cl.1. 5

Judge Spindler disqualified to hear case but goes forward 6

Statement of Issues Presented For Review

No jurisdiction

Fraud by opposing counsels

Threats and intimidation to witnesses and Perry

Deprived Due Process

. Deprived equal protection of the law

REFERENCE TO THE RECORD WITH ISSUES 8

Specific fact noted in paragraph 6.1 9-10

IV. Statement of The Case;(History leading up to appeal) 10-18

HISTORY EXHIBITS ARE IN SEPERATE APPENDIX

wa wre Foe Dae

eS sNews

1. ee se 10

-L-

TABLE OF CONTENTS :

SECTION: SUBJECT: PAGE NO.

2. Details of Perry v. Gresk issue that impacts 11-12

this case

3. Indiana Supreme Court Failure To Disciplme 13

is direct cause of Curtis case

4. State and Federal injunctions placed on Perry 13

for evil purpose.

5. Federal Question Challenge to State Statutes 13

Constitutional

n..

6. Comparing dates of Allen Circuit Court case

of Perry v. Fox to Curtis v. Perry to show

case of Fox still pending when Curtis case

was filed. See Allen Circuit Docket S. Appdx.

7. Fraud in National Labor relations Board and

Indiana Civil Rights Commission, by attorneys

Groth and Lerch serving in all capacities on

issues Perry had before the said Agencies.

SUMMARY STATEMENT OF THE CASE 15-16

Order Reproduced, setting up this appeal

V. STATEMENT OF FACTS RELATED TO ISSUES: 16-18

1. Facts of fraud 20

2. Facts showing pattern of extortion 21- 22.

3. Facts of no jurisdiction 23- 24.

VI. SUMMARY ARGUMENT 24

Standards of review stated in paragraph 5. 24

Vil. Arguments: A. Jurisdiction 24

1. No jurisdiction is shown by court or law cited 25- 27

2. Verbatim citations of controlling laws 27- 28

B. Argument (Discrimination) 28- 29

1. Verbatim citations of controlling laws 29- 30

RELIEF DESIRED 30

(ai. -]

TABLE OF AUTHORITIES

AUTHORITY: PAGE USED:

1. Boczar v. Reuben 742 N.E.2d 1010 (Ind.App. 2001) 25

2. Brazosport Towing Co. V. 3,838 Tons of Sorghum 27

607 F. Supp 11; Affd. op 790 F.2d 891

3. Couchman v. Restoration Contractors Inc. 9

743 N.E.2d 346 (Ind. App. 2001)

4. Doe v. Sullivan County Tenn. 956 F.2d 545 30

113 S. Ct. 187 (Tenn 1992)

5. Foor v. Town of Hebron 742 N.E.2d 545 26,28,30

6. Georgetown Bd. of Zoning Appeals v. Keele 25,26

743 N.E.2d 301 (Ind. App. 2001)

7. Hauck v. City of Prairie Village, Kansas, 30

912 F. Supp. 1428, Reconsidered 950 F. Supp. 312

: 2

8. Hogue v. MQS Inspection Inc. 875 F. Supp 714 30

9. Hoult v. Hoult 57 F.3d 1 (1995 CA1 Mass) 28

10. Hughs v. City of Gary 741 N.E.2d 1168 25

(Ind. App. 2001)

11. In re Guardianship of K.T. 743 25,26,27,28,30

N.E.2d 348 (Ind. App. 2001)

12. Jones v. State 449 N.E.2d 1060 (Ind. App. 1983) 9,29

13. Lynn v. Windridge Co-Owners Ass'n Inc. 9,10

743 N.E.2d 305 (Ind. App. 2001)

14. Mickens v. State 742 N.E.2d 927 (Ind. App. 2001) 25

15. Perry v. Bamard 745 F. Supp. 1394 @ 1408 4

16. Schwartz v. U.S. 976 F.2d 213 at 28

217 col. 1. 1 [2] (1992 CA4Md)

17. Scothorn v. State of Kansas, 29

772 F.Supp 556 (Kan. 1991)

18. Scott v. Crussen, 741 N.E.2d 743 (Ind. App. 2000) 9

19. Shenvar v. Johnson, 741 N.E.2d 1275 25

(Ind. App. 2001)

20. Sivard v. Pulaski County, 995 F.2d 662; 29

17 F.3d 185 (Ind. App. 1992)

[ -txi.-]

TABLE OF AUTHORITIES

AUTHORITY: PAGE USED:

21. Smith v. Miller Builders Inc., 9

741 N.E.2d 731 (INd. App. 2000)

22. United States v. Zima 28

766 F.2d 1153 (1985 CA7 Ind.)

INDIANA CONSTITUTION

1. Article L, § 12 3,8,12

2. Article IIL, § 1. 1,3,6,26

3. Article VIL, § 4. 1,3,6,26,28

INDIANA RULES OF COURT

1. Appellate Rule 4(B)(1) 5

2. Appellate Rule 8.3 1

3. Original Action Rule 1(B) 6

4. Trial Rule 12 6,26

-IV.-

5. Trial Rule 52(A)(1), (2) & (3) 9

6. Trial Rule 60(B) 24

7. Trial Rule 75(A) 2,6,23

8. Trial Rule 75(8) 2,6,23,26

INDIANA STATUTES

1. Indiana Code § 33-2-3-1 1,2,3,6,7,12,26

28,29

2. Indiana Code § 34-5-2-1 1,2,3,6,7,12,26,29

3. Indiana Code § 34-47-2-3 26,28

4. Indiana Code § 35-44-3-4 26,28

5. Indiana Code § 35-45-2-1 26

[- iv. -]

TABLE OF AUTHORITIES

AUTHORITY: PAGE USED:

UNITED STATES CONSTITUTION

‘1. Article III. § 2. clause 1 & 2 3,5

2. Amendment V. 3

3. Amendment VL , 26

4. Amendment XIV. 3,8,12

UNITED STATES FEDERAL PROCEDURE

1. 21A Federal Procedure L Ed 27

§ 51:166 (1999 Ed.) pp. 438,439

2. 21A Federal Procedure L Ed § 51:167 (1999 Ed.) 27

pp. 439, 441 at 440 Last 5 lines on 441

UNITED STATES STATUTES

1. 28 USCS § 144 12

2. 28 USCS § 455 12

3. 28 USCS § 1346(a)(2)(b) 27

4. 42USCS § 1983 27,29,30

5. 42 USCS § 1985 27

[-v.-]

IN THE -

INDIANA COURT OF APPEALS

CAUSE NO. 57A04-0009-CV-404

LLOYD G. PERRY, ) APPEAL FROM THE

Appint. Defnt./ C. Pitf. (Below) ) NOBLE SUPERIOR COURT

v. ) No57D01 9007-CT-000018

BRIEF OF APPELLANT

Comes now the appellant, defendant / cross plaintiff below,

Lloyd G. Perry, in person and pro se and files his brief on appeal,

pursuant to Appellate Rule 8.3 of the Ind. Rules of Court, 2000.

I. JURISDICTION:

Jurisdiction of this Indiana Court Of Appeals to hear this case

is im question, by reason that the issues involve lack of

jurisdiction of the Noble Superior Court, over the person, the

eee grove wlybar per grt german yr rib * apr

I JURISDICTION OF THE SUPREME COURT:

Jurisdiction of this case, in Perry's opinion, should be im the

Indiana Supreme Court on the bases of the following facts: (early

in the appeal Perry tried to transfer but was denied)

1. That the subject matter of this appeal relates to Indiana

*

and extra judicial acts that took place during the proceedings in

the said, Allen Circuit Court case of Fox et al., forced Perry to

dismiss that case. Pursuant to Indiana Rules of Court, Trial Rule

12, Perry was obligated to file his cross-complaint to preserve his

right to sue for damages for the obstruction of justice in the Fox

case. Pursuant to Trial Rule 75(A) & (B), Judge Stephen Spindler

was obligated to transferr the case to the Indiana Supreme Court

pursuant to the request in the last paragraph of Perry's complaint.

(see C. Complt. record Vol. III. pp 578-589 at 589)

(disreguarding the right to represent yourself under the color of

that same set of Indiana laws) see Indiana Code § 33-2-3-1 and

LC. § 34-5-2-1.

.2 The discrimination policy raises the question as to what

constitutes the un-authoritzed practice of law? This question and

from incompetent and attorneys

by State Statutes, Indiana Code § 33-2-3-1 and LC. 34-5-2-1,

a long documented history of this stated fact, etched in the pages

of legal history in both the State and Federal Judicial Systems, as

of the Indiana isions of access to the Courts

to Article L, § 12 and a complete avoidance of their

duties to Indiana i Article III. § 1. and

precedented first in the Indiana Court Of Appeals, back in the

Spencer County Farm Bureau Co-op v.-Lloyd G. Perry case;

which grew in time and occurances to the case of Perry v. Gresk

and manifested in the case of Perry v. Barnard et al. The Baranrd

case being Perry against the Indiana Supreme Court for refusing

to discipline Gresk and others for their various criminal activities

both inside and outside the Courts, with emphasis on Gresk's part

in the theft of his own clients money while retained to sue the

same parties he assisted to steal Perry's money.

-2 The Federal injunction was then issued in the Barnard

case to block Perry's right to recover his stolen money and other

damages from Gresk and those he criminally associated with.

The mjunction was a streight forward usurping of all laws and

constitutional rights of Perry to due process and recovery of

damages and personal property losses and at the same time put in

place a shield so that the criminal activities could continue in the

Courts. They did continue, and they form the bases of this post-

judgment appeal for relief from judgment, with the issues of the

judgment and injunction not appealed because of threats,

intimidation and attempts on Perry's life, threatened by attorney

Stephen Lerch in the post-judgment settings in 1992 and by

many others as time passed.

-3 The real reason for the Curtis v. Perry case was attommey

Theadore Lockyear’s interest in having an injunction in both

State and Federal Courts to block Perry's use of the Courts.

Lockyear was the attorney for the Indiana Bar Association in the

Perry v. Barnard case and was soundly defeated in oral argument

in that case. However he went on to write the opinion published

in the Federal Reporter Perry v. Barnard, 745 F. Supp. 1394 @

1408; which if you examine the case laws and the facts of the

case, you will find that that opinion is a published lie, published

to conceal what truely took place.

4 For the State injunction to be effective, it was important

for those same conditons that occured in relation to Gresk and

Barnard to be replicated and brought forward into this instance

case of Curtis v. Perry and was accomplished by means of an

ee ee

al.

The issues of attorney and judge procedure fraud and criminal

practices in procedure were then instigated in Fox and brought

into this instance case of Curtis as a vehicle to be used to place

0

Indiana Code § 33-2-3-1 and LC. § 34-5-2-1, Indiana

Constitution Article VII, § 4 and Article II. § 1, all of which

gives exclusive jurisdiction of such subject matter to the Indiana

Supreme Court. This raises the Federal Question Challenge to the

Perry where it has a legal duty to do so and Perry i

deprived access to both the Federal and State Courts

his remedies and collect his losses and damages.

2 Perry, in this instance case of Curtis, was obligated by

‘i

the loss of right to plead and waive his right to damage awards.

Judge Spindler was obligated under Trial Rule 75(A)&(B) to

transfer the case but would not do so. The obstructions to the

justice to be forth comming, obstructed by the oppossing parties

and their counsel should not and would not have been allowed

severity of the issues, there would be no help and no transfer and

as the record shows no protection to Perry or his witnesses.

3 Additionally, Judge Spindler was disqualified from

setting in judgment over any part of the case, which included the

same time period in which he issued his judgments and placed

the injunctions on Perry. (see Letter from Ind. Supreme Court

ordering to resume jurisdiction Vol. Il. pp 639-641 dated

2/28/92; see also hearing date of July 15, 1991, record Vol. IL, p

466, Ls 12-24. (transcript is distorted here but point is made by

comparing the dates) See Rules of Procedure For Original

Actions, Rule 1(B) p. 359 of Indiana Rules of Court 2000. See

also Appellant Perry's Motion For Relief From Judgment Before

Filing of Brief on Appeal, filed in this instance appeal with

attachments. [6.]

IIL STATEMENT OF THE ISSUES PRESENTED FOR REVIEW:

1. The Noble Superior Court lacked subject miatier

jurisdiction; personal jurisdiction over the issues of Curtis v.

Perry case with the case having filed in the wrong court and

the same subject matter pending in the Allen Circuit Court under

of the Curtis case at the time in which he made his

j against Perry and in favor of Curtis and the others.

3. That Judge Stephen Spindler placed a permanent

injunction on Perry's use of the State Judicial System of the type

exclusive to the Indiana Supreme Court; in conjunction with the

Federal Injunction from the cases of Gresk and Barnard and

outside jurisdiction or basis in law.

4. That Judge Stephen Spindler Ordered the drafting of

evidence of a joint effort between State and Federal Government

to discriminate against Perry, marked 1 ly in the record of

this case by the reference to; and the drafting of a twin set of

injunctions designed to deprive Perry of the use of the judicial

of the State Law of Indiana Code § 33-2-3-1 and LC. § 34-5-2-1

requireing a person to be a licensed attomey to practice law in

the Courts within the State of Indiana. (No consideration under

that distorted color of State Law for the right of a person to

appear pro se.) Post-judgment motion for relief from judgment

should have been immediate.

8. Add then the killing of Perry's two friends that were to be

‘witnesses; the attempted killing of Perry by the Noble County

Sheriff Deputies ordered by Judge Spindler; the fear that all of

records of the case by the Clerk. [7.]

REFERENCE TO RECORD OF THE ISSUES PRESENTED

FOR REVIEW:

1. The primary issue on appeal is the lack of jurisdiciton of

any kind by first, Judge Stephen Spindler and second by Special

Judge J. Scott VanDerbeck.

The record is very altered and distorted in relation to the issue

of jurisdiction and motion to dismiss, with the first document

filed by Perry, which was an objection to the case being filed in

Noble County instead of Allen County, and that document was

totally removed from the record. The second document filed by

Perry was his response to the complaint of Curtis, wherein his

motion to dismiss stated lack of jurisdiction, record p. 590 1 1.

also p. 593 first paragraph, also hearings p. 443, 454 Ls 14,20;

see cross-complaint record, p. 579 first paragraph. and p. 589.

With the issues of no jurisdiction omitted from the

there are still references to that issue see pp. 253,254, (333 here

shows Judge knew he was outside his jurisdiction) 373, 443,

526.

2. But in addition to the above paragraph 1., neither Judge

Spindler nor Special Judge VanDerbeck nor the Indiana

Supreme Court would rule on the issues of jurisdiction, with

Perry making the point very clear in his post-judgment motion

for relief from judgment, record pp. 133-142, at 137 and again in

his post judgment motion to correct errors, pp. 231-238, at 231 1

2., and 232 third paragraph, before Special Judge J. Scott

issue the injunction of the type Judge Spindler placed on Perry,

oe

eee poe ‘,

record pp. 144-148, patterned after the injunction placed on

Perry by the U.S. District Court Judge John Daniel Tinder. See

record, verified application for permanent injunction pp. 614-

642 at 628-642, (see also docket, record p. 23 I third on page

See record, motion to correct errors, p. 232 {1 3. Both injunctions

are constructed contrary to the purpose setforth by law for

injunctions; are unconstitutional to the United States Constitution

Amendment XIV and the Indiana Constitution, Article L § 12;

and both injunctions are intended for an evil and illegal purpose

that disrupts the exercise of due process in both the Federal and

State judicial systems. Both should be struct down as being un-

constitutional and issued outside the jurisdiction of each

respective court's jurisdiction. The Injunction of this imstance

case, failed to be placed based on any stated laws or tried facts.

:

:

:

e

?

i

’

by the Clerk.

6. Notice that reference to the case of Perry v. Gresk is part

of the Court's order to draft an injunction im a like fashion to the

injunction related to Gresk. See docket entry, record Vol. I, p. 23,

3rd i; also verified application for permanent injunction, record

Vol. IIL, pp. 614-634, at 628-631. This is the history that

establishes the State practiced policy of discrimination against

layman Perry as pro se in a demonstrated calloused disregard for

Perry's civil rights. (E.g. Jones v. State, 449 N.E.2d 1060 (Ind.

1983) it goes all the way back to the appeal of Spencer County

Coop vs. Lloyd G. Perry and Judge Paul Buchanon's statement

that layment pro se will get nowhere in the Indiana Court Of

Appeals and then the Clerk of Lawrence County refused to

produce the record and no order could be had to cause the record

to be sent to the Court of Appeals.(S. Apdx.)

-1 FACT; the Findings of Fact, Conclusions of Law and

Judgment (record VolLIIL, pp. 642,643) This document is

completely void of any tried fact, cites no statutes or case law at

all, gives no cited legal support of any action the Court was

taking in it's judgment or placement of the injunction. The Noble

Superior Court and Judge Stephen Spindler Ordered a proposed

Findings of Fact, Conclusions of Law and Judgment (record Vol.

Il. p. 468 Ls 9 thru 20) which now serves as Prima Facie

Evidence of lack of any bases in law; lack of due process of law;

lack of jurisdiction to place the injunction and lack of subject

matter jurisdiction and lack of personal jurisdiction. See e.g.

Trial Procedure Rule 52(A)(1), (2) & (3) and Smith v. Miller

Builders, Inc., 741 N.E.2d 731 (Ind. App. 2000) and Scott v.

Crussen, 741 N.E.2d 743 (Ind. App. 2000) also Couchman v.

Restoration Contractors, Inc. 743 N.E.2d 346 (Ind. App. 2001)

also Lynn v. Windridge Co-Owners [9.] Ass'n Inc. 743 N.E.2d

305 (Ind. App. 2001)

2 The question of fact as to self defense was never tried

by court or jury, only mis-stated by attorney Stephen Lerch in

relation to Perry's affirmative defense (see defense, record Vol.III

pp 591 last paragraph and 592 paragraph numbered 4.; there

were no laws or statutes cited in support of any findings; nor

were there any laws or statutes cited in support of placing the

injunction nor bond required against objections by Perry;

therefore as a matter of law the judgment and injunction must be

reversed on the bases of totally erronous; lacking foundation in

- 10. -

a Pee eT eS ee

law and fact; was arbitrary and capricious with anger, malice,

prejudice and discrimination all present. (Id.)

caught the Co-op officers and their attorneys in a series of false

statement. The case was attempted to be appealed and in the pre-

appeal hearing Judge Paul Buchanon stated to Perry that he did

not care what any atlorney did or what crime they have

committed if the issue is brought by a non licensed attorney

(layman pro se) and that a pro se litigant will get nowhere in the

Indiana Court of Appeals. This started the State practiced policy

of discrimination against pro se litigants as relates to Perry and

his cases. Without consideration of the fact that Perry was unable

that involved the embezzlement of Perry's money and the cover-

up of that embezzlement by Perry's own retained attorney, Paul

State Court Systems to protect Gresk and others from recourse

by Perry, as a shield to either civil or criminal actions.

3. To make it work, the subject matter had to be consistent

through out. That ment that the subject matter of the Gresk

(Bamard) imjunction had to be duplicated in the State Court of

the same offenses of altered records; tampering with witnesses;

using false and fabricated documents; theft of documents;

perjured testimony; altered transcripts of hearings and/or

depositions; extra-judicial contact with the judge, all had to be

duplicated to get the issues into a State Court Injunction, (that

was accomplished in this case of Curtis v. Perry) so as to prevent

Perry's use of those defenses or assertions in the litigation

process. With those conditions stated in the injunctions the

opposing counsels had free will to use any and all parts of those

illegal methods to defeat Perry because Perry could not use any

of those issues without breach of the injunction, if that attorney

was on the injunction. As a result, false claims were filed by

many of those named attorneys; the stated methods were and are

used to gain judgments and Perry is powerless to defend against

the prejudice it invokes or the effect those fraud uses have on

the merits of a case.

2. In the case of Perry v. Tell City National Bank and

George Astrike, Perry retained either 12 or 13 attorneys at fees

from $500. to $1500. each to bring the Tort Business

Interference With A Business Relationship case against the said

bank and it's president, and others. Each time the attorneys

would either do nothing or sell out to the bank side, leaving Perry

without representation and the loss of the retainer. (History

exhibits are in Seperate Appendix)

3. Paul D. Gresk was one of those attorneys that was paid

$1500. retainer to sue said bank and it's president, Kelco Inc.,

Kelco of Indiana Inc., Roger West and several bonding

companies for the said business interference and breach of

contract. (see for yourself the conflicts in the documents within

the separate appendix) (see also Buchanon statements)

4. After nearly a year of waiting on Gresk to file, Perry in

disgust, filed his own suite against the said bank and it's president

only to find in the discovery process that Gresk had been to the

bank, had given that bank and the others he was to have sued,

assignments of interests of an amount in total of $600,000.00, a

part of which ($125,000.00) the bank president, George Astrike

- 12, -

cause Gresk to make restitution to Perry for the theft of Perry's

money, and likewise for the others involved and named in the

Gresk case, to make restitution. Tinder will preside over subject

of justice, altered court records, perjured testimony, false sworn

its and

likewise the public at large and therefore raises the challenge to

the constitutionality of the State Statutes of Indiana Code § 33-2-

3-1 and Indiana Code § 34-5-2-1. Because the Indiana Supreme

Court has not protected Perry nor the public at large and have

taken affirmative steps to insure that an attorney or judge is

protected and shielded from disciplinary action; civil liability;

criminal prosecution, even when the actions of that attorney or

serie aiadhnn ths tome of 4:Chaab Ac tbban; otis Gapmiadla ten

eee are brought by a layman pro se.

The State Injunction (record Vol. L. pp. 143, 149) the

- 14,-

judicial processes, 10 Perry's detriment and that of the public at

large, contrary to the legal duty of the Indiana Supreme Court to

protect Perry and likewise the pulbic at large as a furtherance of

it's legal duty under the United States Constitution Article IIL,

Section 2., clauses 1 & 2. Herein lies the liability of the State of

6. From the case of Perry v. Barnard came the attorney

Theadore Lockyear, counsel for the then current and immediate

trouble for Perry through the Intemational Union Of Operating

Engineers, Local #103 by starting a rumor that was both

slanderous and libles to Perry. This lead to the case .

Fox Contractors Inc. filed in the Allen Circuit Court, which

injunction to prevent further damage to Perry and his reputation.

First the injunction was granted then withdrawn under the

- 15. -

(see separate appndx. Docket)

8. The evidence that Perry had, which included the letters

from the National Labor Relations Board, signed affidavits from

some witnesses were stripped from the Perry files imtrusted to

serves as the approximate cause of the fight between Perry and

Curtis. Under a series of abuses of power by the use of sanctions

as threats, the attorney mis-conduct was a factor in Perry's not

case, evidenced by the deliberate filing of the Curtis complaint in

the wrong Court in Noble County, while the Fox complaint was

still active in the Allen Circuit Court.

11. In additon to this is the fact that the attomey William

file. Lerch is the common thread in each and every instance of

wrong doing in both the Curtis and the Fox cases, and with each

2001) and asked if Mr. Groth represented just the said Union.

The answer was no. That he serves [15.] all sides at various

-17.-

capacity for the agency. Then the question was asked, what

about the issue of conflict of interest. She said, there is none.

.1 I believe this to be a determinative, meritorious fact

(record Vol. IL, p 314 Ls 14 to 21;

start on p. 312 L 6 on thru p. 315) that justice was obstructed by

Lerch and Groth and the records of Mr. Groth's appearance will

Perry because of their conflict of interests and that obstruction

was present in the issues Perry took to the various agencies

before suite was filed in the Fox case; and which then brought in

even more conflict of interest and undue influence when attoney

Stephen Lerch came im, as said above; which was the

approximate cause for the distruction of the records m those

agencies and the reversal of the positions those agencies had first

taken, as reflected by the history of Mr. Lerch's unethical and

Appeals, in this case, has reflected. This includes the Indiana

Civil Rights Commission. (see cross-complaint Vol. IL pp 581 1

#2 thru all 582).

13. The final poit to be made is that in the document

entitled Findings of Facts and Conclusions of Law and Judgment

(Vol. III, pp. 642,643) there is no statement of true facts or any

issue tried by the court or presented to a jury, in a jury requested

case. More importantly, there is no law cited in this document at

all; nothing in the form of law supports the Court's actions;

nothing supports or even gives grounds for the issueing of the

imjunction against Perry or for the judgment im a case of pleaded

self-defense. (a question of fact to be determmed by a jury.) The

judgment, the injunction and the document entitled Findings of

Facts and Conclusions of Law and Judgment are totally void of

any law or fact that supports the action of the Court. This

supports Perry's clearly stated fact that the decisions were made

arbitrarily, capriciously, with malice and anger, motivated by the

State practiced policy of discrimination against layman pro se

litigants and conclusively shows the Court had no jurisdiction to

act at all, and no jurisdiction to act as it did.

- 18. -

SUMMARY STATEMENT OF THE CASE:

1. The statement of facts deals more specifically with the

merits of this case but this case of Curtis v. Perry grew out of a

case pending in Allen Circuit Court of Perry v. Fox Contracting

Inc. et al. It was an issue of slander and lible and a petition for

preliminary and permanent injunctive relief. The injunction was

denied. The slander conditions grew worse and lead to a fight on

a Union Job site in Delaware County, between Perry and Curtis.

Curtis sued. [16.]

2. Asa form of self-defense, Perry struck Curtis to stop the

slander and the risks that the slander presented to Perry's welfare.

Curtis sued for damages from the hit.

3. The opposing counsels in the case of Perry v. Fox, while

the case was active at the same time as the Curtis case, used

various forms of criminal methods to cause Perry to dismiss his

case or be sanctioned. The sanctions were to be imposed for non

production of documents; documents that the same attorneys

together with my own attomey Karen Walker stripped from my

files in the short time in which she represented Perry in the Fox

case.

4. The attorney misconduct carried over from the Fox case

to the Curtis case. Two of Perry's friends, as witnesses, got killed

to prevent their testifying. Threats and intimidation toward other

co-workers caused fear for their lives and Perry feared for their

lives and also his own. The result was that Perry could not

conduct discovery because of the risks and of the fear of more

harm.

5. Judge Spindler would not do a thing to help Perry to get

protection for his witnesses nor would he sanction the attorneys

(Lerch in particular) for their criminal conduct im the

proceedings, nor grant an injunction. In stead he had extra

judicial contact with Lerch and others and knowingly proceeded

outside his jurisdiction and refused to dismiss the Curtis case or

to transfer the case to Allen County or elsewhere. To add to all of

this, the Noble Superior Court Clerk kept altering and tampering

with the records of the case making presentment of the issues

almost impossible because of the absence of the information

missing from the record.

6. Summary Judgment was granted to each and all of the

int defendants and to the plaintiff on August 2,

1991, citing no facts that had been tried by the court or by jury in

a case requesting trial by jury; nor were there any case laws or

- 19, -

statutes cited in the findings of facts and conclusion of law.

7. The injunction was placed by reference to an junction

against Perry from a U.S. District Court set of cases of Perry v.

Gresk and Perry v. Bamard. (see statement of facts section) The

injunction restricted, regulated and barred Perry's access to the

U.S. District Court on the bases that Perry could not sue any of

the parties named in the injunction; Perry could not sue anyone

for the same subject matter at issue in the Gresk or Barnard cases.

.1 Both cases of Gresk and Barnard were dealing with the

issues of criminal methods being used in the judicial processes to

gain a judgment against Perry.

.2 One of the main issues in both Gresk and Barnard was

attorney Paul D. Gresk's aiding in the embezzlement and cover

up of that embezzlement of $125,000. of Perry's money, while

retamed by Perry and during the same time period Gresk was to

bring suit against the same bank and president that had

embezzled the money. Gresk proceeded, without Perry's

knowledge [17.] or consent, to assign away Perry's money

earned under contracts, to this same bank and others Gresk was

to sue for Perry. The total theft was right at $600,000.00. Perry's

many Federal and State cases have been filed in an effort to get

that money and other losses and damages back.

.3 However, this post-judgment motion for relief from

judgment has been brought on by the endless set of law suits

against Perry; which make bogus claims, then they present one or

the other of the injunctions and the judgment goes to the false

claim because of the prejudice the injunction has caused. There is

no justice with the shield the injunction puts up, that will not

allow Perry to show with any effect the facts that the claims are

false and the evidence used to support the claims are false and

fabricated. In addition to the law suits are the issues of the

constant stalking of Perry to disrupt his businesses and any

income. They just will not leave Perry alone.

4 The case of Perry v. Bamard, is a suit against the

Nominating Study Commission for refusing to discipline Gresk

and others in a like position, and refusal to order restitution to

Perry. Corrupt influence by Senator Richard Lugar was the bases

of the non discipline, non public protection, no protection to

Perry, on the basis that Gresk was Lugar's chief staff attorney at

the time.

- 20. -

8. The post-judgment, order reads as follows: (record Vol.

L. pp. 220,221)

ORDER

The Court, having taken under advisement all pending issues

and after review of the pleadings, now finds:

1. There is no substantial evidence presented by which the

official court records should be amended beyond the Court Order

of February 25, 2000.

2. The Court further finds that an Order Enjoining Defendant

and Cross-Plaintiff Perry was entered by this Court on August 2,

1991.

3. That no appeal was taken of the 1991 Order.

4. That a Petition of Permanent Writ of Mandamus and

Prohibition and a Petition for Emergency Writ was filed by

Defendant, Perry, with the Indiana Supreme Court and was

dismissed on February 25, 2000.

5. That Defendant, Perry, has not carried his burden to show

the Court any mistake, excusable neglect, newly discovered

evidence or fraud as required by T.R. 60(b). Accordingly, his

Motion for Relief from Judgment filed December 12, 1999 is

hereby denied.

6. The Defendant is further advised of his right to appeal this

decision as provided by T.R. 60(C).

7. All further petitions and motions contained withm the

record, if any may exist, are hereby denied.

SO ORDERED THIS 28th day of June, 2000

Perry [18.]

- 21. -

V. STATEMENT OF FACTS RELATED TO THE ISSUES:

1. In each of the previous four sections of this brief are

stated facts that form the basis of the Jurisdiction; the Statement

Of

The Issues; the Statement Of The Case and by reference to

each and all four sections of L, I, IL, and IV., Perry now

Mcorporates those sections into this section V. in their full and

2. In view of the importance of this Appellant's Motion For

Relief From Lower Court Judgment, filed in this Indiana Court of

Appeals on March 27, 2001 and the said Court of Appeals

denied the immediate relief, Perry by reference to that said

Motion For Relief From Lower Court Judgment with it's

with attached affidavit in support of motion to correct the record:

now by reference to that said Relief Motion, incorporates into this

section of this brief as if fully written herein, with full force and

effect, with all of it's cited and documented facts.

3. The total of all the facts in all five sections combines into

two main issues; (A) the toatal lack of jurisdiction of Noble

Superior Court over any part of the case and any issue therein:

(B) that justice has long been denied Perry because of the long

standing State practiced policy of discrimination against layman

pro se Perry under color of State Law and is the direct cause of

long suffering, deprived civil and human rights, which includes

deprived due process and deprived equal protection of the law to

name a couple. These are established facts gleaned from the long

history of suit filings in the United States District Courts and also

in the Indiana State Courts as cited and stated within this brief.

This fact is then amplified by first the Federal imjunction

presented m ihe State Court hearing July 15, 1991, record Vol. IL.

p. 427 and miroduced under motion for sanctions by attomey

Leonard Eilbacher who had been im the case and had been

using criminal methods in procedure. See p. 439 also pp.

468,469, 470. See also verified application for permanent

injunction by Eilbacher with attachments of Federal Order of

myunction, Federal Injunction, Seventh Circuit Order, see record

es

OE ee ee ee ee eee

Vol. IIL. pp 614 thru 634.

4. Judge Spindler granted the injunction and with a broad

brush, would include anyone in that injunction that requested to

be there. Clear evidence of the said discrimination, abuse of

power and intended denial of due process in cases that might be

forth comming. See record, Vol. IL., pp 469, Ls 19-25. [19.]

FACTS OF FRAUD:

1. Objection to Curtis case being filed in Noble Superior

Court was removed from the record of the case but was also the

subject matter in Perry Motion to Dismiss as a response. See

record, M. To Dismiss, Vol. IIL., p. 590 {| 1. and p. 593 {i 1st)

2. Evidence that attorney Lerch and Judge Spindler knew

the case was in the wrong Court when Lerch tried to dismiss the

Allen Circuit Court Case by motion in the Noble Superior Court

case. Record, Vol. IL, pp 433-435, at 433 Ls 13-24 and p. 434

Ls 1-25 thru p. 436. See also April 17, 1991 hearing, record Vol.

IL pp. 312 thru 316, Ls 23-25 also pp. 339-341 Court mes to bail

Lerch out and at the same time knows the case is m the wrong

Court.

3. Attorney Stephen Lerch had conflict of interests that

disrupted both the Labor Board and the Indiana Civil Rights

Commissions freedom to conduct a fair process. Record, hearmg

April 17, 1991, Vol. IL p. 314 Ls 15-21 also all of p. 312 thru

315 with procedure error on p. 316.

4. Attorney Stephen Lerch failed to notify Perry of the

hearing date of November 4, 1992, in Lerch's efforts to extort a

signed agreed judgment from Perry over a year after the final

judgment was entered on Augusi 2, 1991. See sequence of

events as follows:

A. Perry was afraid for his life, from all of the kiling and

of Vol. IL but with emphasis on the threat by Lerch cited by

Perry, stating that Lerch would make Perry disappear. see record

Vol. IL, p. 281 Ls 12,13.

B. That the hearing of paragraph A above was an

Emergency hearing held April 17, 1991 whereby Perry was

rumning out of time and needed the information from the

discovery imterrogatories to Curtis, which was the names

addresses and phone numbers of certain Union members. Curtis

and attorney Stephen Lerch and Local #103 refused to cooperate

«ft. .

in the discovery and produce that information so that suimpoenas

could be issued. Judge Spimdler found every way but the night

way to let Perry have that information and to sanction Curtis and

Lerch for the non cooperation. Many of the statements made by

Perry are omitted and altered. See record Vol. IL, p. 261, Ls 8

thru 19. No sanctions for Lerch but plenty for Perry.

Employment disruption was a factor then as it is now and

prevented vaniations of discovery that would otherwise be

available io Perry. Also the problem of fear was the subject of

the majority of that same hearing. Obstructions by means of fear

from two killings, non cooperation in discovery and extortion

ee ee ee

FACTS SHOW PATTERN OF EXTORTION:

Perry tells Special Judge J. Scott VanDerbeck that the reason

he did not appeal the case of Curtis after final judgment was

because of fear. Record Hearing Feb. 25, 2000, Vol. IIL. p. 523

all. The same was true cf the Allen Circuit Court case of Perry v.

Fox, dismissed under duress. ( record Vol. I, p 461 L 4) The

followig events shows the pattern of extortion to gain the agreed

judgment in Curtis and a like set of circumstances im the Perry v.

Fox case in Allen County:

1. Vol IL, p 433 LS 13 thru Ls 25 of p. 437, shows that

Allen County Circuit Court still had jurisdiction and attomey

Stephen Lerch (plaintiff counsel) was asking Noble County

Superior to dismiss the Allen County Circuit Court case. Implied

acknowledgement that the jurisdiction of the matters was in Allen

County,by Lerch.

2. Vol. IL p. 264, Ls 2 thru Ls 24 p. 275. Perry has

requested an Emergency Hearing, and was requesting an

injunction. The statements specifically saying anything about an

myunction on Perry's behalf have been omitted. Further Perry is

also asking for sanctions for the non co-operation by Lerch and

others. The statements as to request for sanctions have also been

omitted. Nothing that Perry presents to the Court is bad enough

to have the Court take appropriate action on Perry's behalf.

Action is always taken for the opposing side only and always.

Perry repeatedly states and implies, the Allen Circuit Court case

was dismissed under duress. Perry is denied relief.

In Fox and im Curtis, sanctions requested by Lerch was lever

is

ee

eel oo

used for dismissal. In Fox after Perry's documents and evidence

had been stolen and Perry could not produce pursuant to the

Court's Order, Lerch ask for and received an Order for sanctions

if the documents he aided in stealing from Perry, joimt with

Karen Walker, were not produced. see cross-complt. record Vol.

Ill p. 584 all. Perry was denied an injunction. Vol. Il. pp

379,380.

3. Lerch and the other cross-defendants filed for sanctions

and motion for summary judgment, received in the hearing July

15, 1991, Vol. IL pp. 453 thru 462. No consideration was given

to Perry and his conditions of threats, intimidation and killing of

4. In the hearing of November 4, 1992, Lerch has asked for

a second sei of sanctions, again the sanctions are requested and

this time notice of the hearing was not served. See record Vol. I,

pp 473 thru 477 see also letters Vol. I, pp 61; 62; 79; 80; 83; 85.

In these many letters you see Lerch communicate with Judge

Spindler and making note of the fact that settlement was in

progress, but the sanctions are held over Perry's head by an

Order from a hearing Perry was not properly serviced on. The

Order on pages 80,81 of Vol IL. grants the sanctions. Perry

received the information from the Court giving the sanctions

dated November 12, 1992, record Vol. L. pp 82 thru 89. [21.]

On Nov. 24, 1992, Perry files a response to that Court Order

of November 12, asking for an extension of time to respond:

Moves to set aside the judgment dated 11/12/92; see record

docket Vol. L p. 27 entry 11/24/92, moves for a protective

order; affidavit in support of protective order. Perry's pattern of

service, unless disrupted for some reason, is to file and

personally serve the same day as the filing took place.

On Nov. 25, 1992, Lerch again files for his third set of

sanctions against Perry and requests a continuance. record Vol. I.

pp. 90,91. A second request for continuance by Lerch is filed

March 1, 1993 stating a settlement agreement has been reached,

record Vol. L p 92. But there was no agreement signed untill

July 15, 1993 as reflected in the Order of Judgment on page 94

of Vol L But the agreement or consent to judgment was the

agreement at issue in the motion to set aside the judgment filed

on November 24, 1992 as being one and the same but reqritten

to reflect the earlier date of February 24, 1993 but note Lerch

told the Court March 20, 1992, that the agreement had been

; Perry's motion to set aside

reached. Vol. L. p 92 but the Order of Judgment submitted by

Lerch is submitted on July 15, 1993 Vol. L. p 94; consent to

Judgment on p. 95 is also submitted on July 15, 1993 but post

dated as being February 24, 1993, p. 95. Perry clearly wasbemg

forced and Perry was not cooperating in the extortion efforts of

Lerch against Perry.

5. The pattern here is clearly to get im the position of

sanctions and then through the threats of further sanctions and

bodily harm, force Perry to go against his will.

It clearly was Perry's intent to appeal these matters. record

Vol. IL. p 280 Ls 12 thru p. 281.

It was also clear that Lerch had threatened Perry (threat is

omitted from transcript) but Perry repeats the threat to the Court.

record hearing April 17, 1991, Vol. IL. p. 281 Ls 12,13

6. The further threats made by Lerch outside the Court was

of the nature of what he could do im the courts because it should

pp 635 thru 637 and compare to pari statement (though altered

and appearing out of sequence to the truth compare to statements

made m record hearing July 15, 1991, Vol. I, ll 463 Ls 19 thru

p. 467 L 25. [22]

FACTS OF NO JURISDICTION:

co Perry's response as motion to dismiss and the missing

matter. See cross-complaint, Vol. II. p. 579 all. also Motion to

dismiss Vol. IIL. p. 590 | 1. and 593 all.

-.

2. Perry, under Trial Rule 12 was obligated to file his cross-

complaint which requested a disciplinary setting, See C.Complt.

record. Vol. IIL p. 589. Judge Spindler was obligated to transfer

the mandatory cross-complaint to the Indiana Supreme Court

under Trial Rule 75(A) & (B) or at least back to Allen Circuit but

he made no transfer at all and would not cooperate in the transfer

of the Allen Circuit Court case to Noble county. see record

hearing April 17, 1991, Vol. I. p. 254 all, p. 265 all, pp. 268,269

all. Record docket Vol. I. p. 19 date 3/16/91.

3. That on July 15, 1991 Judge Spindler granted summary

judgment and imyunctive relief for the plaintiff and cross-

defendants. see record, hearing July 15, 1991, Vol. IL pp

426,427

which means Judge Spindler passed judgment on the disciplinary

issues, which are reserved for the Indiana Supreme Court and it is

an area in which he has no jurisdiction what so ever.

4. Long before the July 15, 1991 hearing, Perry had served

a disqualification affidavit on Judge Spindler but like all

pertment evidence im this case, the filing and service of the

disqualification affidavit is not shown anywhere except im the

July 15, 1991 hearing, which is long after the Judge had received

the disqualification. (No entry shows on the docket) The

transcript of that hearing is not accurate and is altered. Judge

Spindlers jurisdiction was not restored untill 2/28/92 See record

VoL IL p. 427 Ls 10-20; p. 426, Ls 17-25; p. 427 Ls 1-7. The

Indiana Supreme Court did not order Judge Spindler to resum

jurisdiction untill February 28, 1992. See Letter, record Vol. II.

pp 639-641. Therefore Judge Spindler was acting as Judge and

making his decisions while under disqualification. This includes

Judge Spindlers orders to search Perry (record hearing July 15,

1991, pp 463 thru 471; and to have the Noble County Sheriff

Deputies kill Perry by pushing him down the strairs. Record,

Letter to Commissioners Vol. IIL. pp 635-637.

Compare the statements made in the hearing to the Letter to

the Commissioners and know that the transcript has been altered.

When all of the facts are tallied, the results are clear, that the

case was filed m the wrong court and that Judge Spindler had no

jurisdiction of any kind to make his judgments and place the

myunction.

5. When you look at the Ordered findings of fact and

conclusions of law. See open court order for drafting, hearing

- 27.-

July 15, 1991, Vol. I. pp 468 Ls 6-19 and all of p. 469 See

[23.] document finding: of facts and conclusions of law and

judgment signed by Judge Spindler. record Vol.IIL p. 642,643,

you find that there are no facts that were tried by the court or by

Jury in a case demanding trial by jury. You also find there is no

ciation of any law of any kind showing a bases for the judgment.

The only thing that is there is mis-stated facts from Perry's

affirmative defenses that raises a question of fact as relates to self

defense, which was never tried. See record. Perry's motion to

dismiss as response to Curtis Complaint, Vol. IIL pp. 591 2.

under answers to specific paragraphs, and all of the top half of

page 592. This also serves as evidence of denial of equal

protection that results in self help and more damages to Perry

because of the said State practiced policy of discrimination

against Perry as a layman pro se litigant. Where is the equal

protsction and where is justice in these circumstances? More

importantly, where is the Indiana Supreme Courts protection as

their legal duty as forthsaid above?

VL SUMMARY ARGUMENT:

1. In the Order by Special Judge J. Scott VanDerbeck, of

Noble Superior Court on page 18 above, is stated that

"Defendant, Perry has not carried his burden to show the Court

Court.

5. In summary, collective facts and statements contained

withm this appellant's brief give rise to two issues: (A.)

Jurisdiction; and (B.) State practiced policy of discrimination

agamst Perry as layman pro se litigant. Standard of review,

"Totally Erroneous" and “Obstructed Justice”.

Vi. ARGUMENTS:

A. JURISDICTION

1. To determine if the Noble Superior Court had jurisdiction

over the subject matter of the case of Curtis v. Perry and the

cross-complaint of Perry v. Curtis et al., we look first to the [24.]

document entitled finding of facts and conclusions of law.

(record Vol. Ill. p. 642,643) see Georgetown Bd. of Zoning

Appeals v. Keele 743 N.E.2d 301 (Ind. App. 2001) Then we

look at the Injunction (record Vol. L pp 144 thru 148) And then

at the cross-complaint (record Vol. Il. pp 578 thru 589) also In

re Guardianship of K.T., ( Infra) Jurisdiction as applies to types

and subject matter. This Court of Appeals will have to determine

the law, if any is to be applied because the injunction; the finding

of facts and conclusions of law contain no law of any type or

form. This is the first indication of no jurisdiction because they

have no legal basis as reference for any action.

2. From page 642 under finding of fact, paragraph 2. states

the occurance took place in Delaware County on a job site

(Union Job Site) paragraph 3. and 4. states that Perry struck

Curtis but without cause and with malice and it was willful. This

is contrary to Perry's affirmative Csfenses which states Perry

acted in a form of self defense. (record Vol. IIL.,pp 591 {1 2. and

top half of 592. This raises a triable issue of fact on materail

pomts at issue. Was it self defense? see Mickens (infra) Burden

of proof shifts. This issue was never tried; But then how could

they try it without a legal base in which to form an opinion?

3. Under conslusions of law page 643, paragraphs 1. and 2.

see Mickens v. State, 742 N.E. 2d 927 (Ind.App. 2001) self

defense shifts proof to State to prove, but State is not party.

4 and 5 make reference to the documents and

Paragraphs

specific designated parts gets no summary judgment.

4. Under Judgment. Paragraph 1. Court grants Curtis

Summary Judgment. Paragraph 2. find that Perry is liable to

Curtis for imtentional tort and intentional battery. Paragraph

states that the only remaining issue is the amount of damages due

and owing from defendant to plaintiff. see Hughs v. City of

Gary, 741 N.E.2d 1168 (Ind. App. 2001) also Shenvar v.

Johnson, 741 N.E. 2d 1275 (Ind. App. 2001) Findings of facts

are clearly erroneous and mistake has been made.

5. No where in there document of conclusions of law, is

there stated or cited any basis in law. The facts, which they fail

to specifically, references, are mis-construed statements from

Perry's affirmative defenses. see Boczar v. Reuben 742 N.E.2d

1010 (ind. App. 2001) designations of evidence must be specific

and specifically referenced for summary judgment. This was not

done. Without the law, where is the jurisdiction? see In re

Edition,

United States ‘Constitution Amendment VI. Black's Law

Dictionary 6th Edition p. 1646, requires that the person be

processed in the State and District where the offense occured and

a compulsary process for witnesses to his favor be made

hearing April 17,1991, Vol. I pp 250-

ing for those witnesses but that help

T.R. 75(B) required the case to be

the Allen Circuit Court case of Perry v. Fox but

do .

judgments and injunction are void.

7. When we examine the cross-complaint, Vol. II, pp 578-

589 we see on page 589 a specific request for a disciplinary

setting. Under T.R. 12, Perry was obligated to file the cross-

complaint but Judge Stephen Spindler was obligated under T.R.

75(B) to transfer the case to the Indiana Supreme Court because

the issues were criminal in nature and would be actionable under

Indiana Code § 34-47-2-3, Assulting, influencing or intimidating

witnesses: LC. § 35-44-3-4, Obstruction of Justice; and LC. § 35-

45-2-1, Intimidation. See statement of facts section of this brief

for all the offenses that took place in the Curtis case and see

record, cross-complaint, Vol. II, pp. 578-589 for all offenses

committed in the Perry v. Fox case. These all fall under the

exclusive jurisdiction of the Indiana Supreme Court and it's night

to discipline, dis-barr, restrict and regulate attorneys and judges

licensed to practice law in this State. See Indiana Code § 33-2-3-

1: Burns Ind. Statutes,1997 replmnt. pp. 113,114; LC. § 34-

5-2-1: Indiana Constitution Article IL. § 1. Burns Ind. Statutes,

Const. 1997 repimnt. p. 204 and Article VII. § 4. Burns Indiana

Statutes, Const. 1997 replmnt p. 30 Accordingly, the judgments

and imjunction should be dismissed for lack of subject matier

jurisdiction. See record, motion to dismiss,Vol. IIL., pp 590 1.,

hearing went. see record, hearing July 15, 1991 VoL IL. pp 421 L

25 and p. 422 see also p. 413 Ls 13-14 there Judge Spindler

admitts he has no authority to make the needed corrections or

give the needed help. Then, later in the same hearing he granted

-31.-

the plaintiff and cross-defendants summary judgment and placed

the injunction on Perry. Record Vol. II. pp 426,427.

9. There can be no jurisdiction found for Judge Spindler

and the Noble Superior Court in these circumstances. Without

jurisdiction for Judge Spindler, the change of judge to Special

Judge J. Scott VanDerbeck, made no difference because that

Noble Superior Court could not get jurisdiction. When Perry filed

his motion for relief from judgment in the lower court, the relief,

21A Fed Proc. L Ed § 51:166 (1999 Ed)

Void Judgment, general, pp 438, 439

[T]he right to relief from a void judgment is absolute and

not a matter within the Court's discretion, Nor do the time

limitations applicable generally to FRCP 60(b) ordinarily

apply to motions seeking relief from voidness, and the

moving party need not show diligence in seeking to

Overturn the judgment or a meritorious defense. (citing

from 5th Circuit e.g. Brazosport Towing co. v. 3,838 Tons

of Sorghum (1984, SD Texas) 607 F. Supp 11, affid

without op (CA5 Tex) 790 F2d 891 State Law e.g. In re

Guardianship of K.T. 743 N.E. 2d 348 (Ind. App 2001)

21A Fed Proc. L Ed § 51:167 (1999 Ed)

What Judgments are void pp. 439, 441 at 440 Jast 5 lines

on 44]

[RJather, judgments are void only if the court lacked

- 32. -

jurisdiciton of either the parties or the subject matter,

entered a decree not within the powers granted to it by law,

or if the judgment was entered in violation of due process

of law; or as is [27 sometime stated, if the court's action in

rendering judgment beyond its scope of authority amounts

to a plain usurpation of power (citing United States v. Zima

(1985 CA7 Ind.) 766 F.2d 1153, also citing Hoult v. Hoult

(1995 CA1 Mass) 57 F.3d 1. also citing Schwartz v. U.S.

(1992) (CA4 Md) 976 F.2d 213 at 217 col. 1.1 [2] State

Law e.g. In re Guardianship of K.T. 743 N.E.2d 348 (Ind.

App. 2001) also Foor v. Town of Hebron, 742 N.E.2d 545

(Ind. App 2001)

Jurisdiction of Indiana Supreme Court as relates to

arguments A and B in this Brief

Exclusive Jurisdiction Of Indiana Supreme Court, citing

Indiana Code § 33-2-3-1 (1997 Ed.) pp. 113, 114 Sec. 1

Sec. 1. The Supreme Court of this state shall have

exclusive jurisdiction to admit attorneys to practice law in

all courts of the state and exclusive jurisdiction to issue

restraining orders and injunctions in all cases involving the

unauthorized practice of the law under such rules and

regulations as it may prescribe.

Indiana Constitution Article VII. § 4. Burns Ind. Statutes,

Const. (1997 Ed) p. 30

Article VIL., § 4, Jurisdiciton of Supreme Court

The Supreme Court shall have no original jurisdiction

except in admission to the practice of law; discipline or

disbarment of those admitted; the unauthorized practice of

law; discipline, removal and retirement of justices and

judges; supervision of the exercise of jurisdiction by the

other courts of the State; and issuance of writs necessary or

appropriate in aid of its jurisdiction. the Supreme Court

shall exercise appellate jurisdiction under such terms and

conditions as spedified by rules except that appeals from a

Judgment imposing a sentence of death, life imprisonment

or immprisonment for a term greater than fifty years shall

be taken directly to the Supreme Court. The Supreme

Court shall have, in all criminal cases, the power to review

- 33. -

all questions of law and to review and revise the sentence

imposed. - - As amended - -

As the above cited and quoted State and Federal Laws and

Indiana and United States Constitutional provisions require; the

judgments and injunction must be voided for lack of jurisdiction.

B. ARGUMENT

Through out this brief, in the statement of the case; the

Statement of the issues; the statement of facts and within the

selected parts of the record on appeal setforth in the Table Of

Contents under the title of Catalog, are clear and documented

Statements of attomey and judge fraud, criminal conduct of both

intrinsic and extrinsic forms; tampering with witnesses; tampering

with the record by the Clerk and Court Reporters, all falling

under the heading of obstruction of justice. see Indiana Code §

35-44-3-4, 1999 Ed. pg. 45,46, LC. § 34-47-2-3, 1999 Ed. pp

624,625 all of which are disciplinary issues, but without

corrective measures barred by Court non action.

y At this point, Perry incorporates each and all of those parts

of the record cited in the table of contents notations; and each of

the five sections of this brief, by reference, into this [28.] part of

this brief as if fully written herein with full force and effect to

stand as evidence of a long history of permitted corruption and

criminal activities within the judicial systems of this State Of

Indiana. Such conditions make it next to impossible for Perry's

to present his issues each time.

3. As this compile of evidence shows by document and by

reference; the history of the various types of misconduct by

Court officers and Clerks goes back to the precident established

by two factors; (A) Judge Buchanon's statement that he didn't

care what an attorney did if the issue was brought to the court by

a non licensed attorney (layman pro se); (B) The Indiana

Supreme Court, indirectly supporting this State practiced policy

of discrimination, when in the issues of discipline of Perry's

attorney, Paul D. Gresk and others, the Indiana Supreme Court

refused to discipline or cause restitution to be made to Perry, a

layman pro se litigant. (Jones, infra) .

4. As the history shows by reference to the many Federal and

State cases, no crime is serious enough for the Indiana Supreme

Court or any State Court judge to taken action against the

—.

Sit ak dis ba en ae Oe] ee

l—

attorney or clerk or other judge for their misconduct. Instead, the

Federal District Court in Indianapolis, Indiana and the Noble

Superior Court in Albion, Indiana, placed an injunction on Perry,

barring him from his right to access the Federal and State Courts

for the recovery of the stolen money, loss of personal and real

property and businesses and personal reputations. (Id.) ,

5. This State practiced policy of discrimination is the exact

cause of this Curtis v. Perry case on the basis that the Indiana

Supreme Court set the precedent in both cases of Gresk and

Bamard, that gave the green light to the said corruption in the

judicial systems and resulted in no protection as required by the

Indiana Supreme Court in these conditions; started an un-

throttled usurping of all State and Federal Laws and Rules of

Court and further denied Perry equal protection of the law and

denied Perry due process of law by use of the said State and

Federal Injunctions,which were placed for an illegal (evil)

purpose. Therefore, as a matter of law cited above, (supra p.

28) the judgments and injunctions must be struck down as being

un-constitutional,along with the cited Indiana Code § 33-2-3-1

and I.C. 34-5-2-1 (see Federal Question supra p. 13) see

citations below.

To prove violation of due process clause based on

| discrimination, it must be shown that the discrimination

exists and is a deliberate policy of the State. Jones v. State,

449 N.E.2d 1060 (Ind. App. 1983) see 698 N.E.2d 735

Federal Laws as applies to this case and conditions:

Section 1983 civil rights claim must be based on deliberate

indifference, not on mere inadvertence. Sivard v. Pulaski

County, 995 F.2d 662, 17 F.3d 185 (Ind. 1992) see also

rs v. State of Kansas, 772 F. Supp. 556 (Kansas

1991

Improper motivation is key element to § 1983 action

alleging violation of plaintiff's right to equal protection of

the laws. Houck v. City of Prairie Village, [29] Kansas

912 F. Supp 1428 recons. 950 F.Supp 312; see also Hogue

v. MQS Inspection Inc. 875 F.Supp 714

Where procedural due process is alleged, constitutional

violation actionable under § 1983 is not complete when

- 35. -

deprivation occurs; it is not complete unless and until state

fails to provide due process. Doe v. Sullivan County,

Tenn., 956 F. 2d 545; 113 S,Ct, 187

In relation to this Doe case (Id.), this is consistent with the

opinion of the United States Supreme Court as these issues relate

to Perry's petitions for Writ of Certiorari to the said

Court in the cases of Lloyd G. Perry v. United States Of America

et al., Docket No. 99-310; and Lloyd G. Perry v. Linda K.

Barnard et al., Docket No. 00-241. Perry was told that the issues

had to be presented to the Indiana Supreme Court and/or Indiana

Court Of Appeals, where ever the jurisdiction lays, and if these

high State Courts do not correct the problems, bring the matters

back to the U.S. Supreme Court and they will take care of it.

As it sets right now, the issues of jurisdiction have been

before both the Indiana Supreme Court under an Original Action

February 25, 2000 , (see order supra p. 18 1 4.) and before this

Indiana Court of Appeals March 27, 2001 under Motion For

Relief From Lower Court Judgment; and have been before the

lower Court February 25, 2000 (record Hearing 2/25/00, Vol. III.

pp 507 thru 534. Each and every one of the above mentioned

courts have refused to address the issue of jurisdiction. This is

something that must take place immediately, see all citations

verbatum above that supports this fact, with emphasis on e.g.

Gardianship (supra) and Foor, supra) pp. 27,28.

RELIEF DESIRED:

Defendant, Lloyd G. Perry, respectfully requests an Order

reversing the judgments and injunction of the Curtis case and

cross-complaint. With that Order declaring both the Federal and

State injunctions un-constitutional,(both are in the record) on the

basis of evil intent.

That Perry has submitted to this Court in his motion for relief

complaint in the Curtis v. Perry case are subject to liability for

those damages for an injunction placed for an evil purpose, with

the bulk of the damages to be the obligation of the State Of

Indiana, toward the Three Billion dollars.

That positive and immediate steps will be ordered to protect

the public and Perry, in response to the Federal Question. So

requested with all other just and proper relief in the premises.

é.

Respectfully submi ;

Lloyd Ket <hne ig se

10025 W. 400 S.

Dunkirk, Indiana 47336

Phone (765) 768-9915 [30.]

TABLE OF CONTENTS

SUBJECT PAGE USED:

1. I. Jurisdictional Statement 1.

2. II. StatementOf Issues 2.

a III. Statement Of Cases 2-3

4. IV. Statement Of Facts 3-4

1 V. Summary of Argument 5-6

6. VI. Standard of Review 7

7. HOW 8

8. Second Federal Question +

9. Certificate of word compliance 10

10. Certificate of service 11

11. Order of Indiana Court of Appeals 12-18

NOTICE: Original page numbers are in bold brackets.

[+-]

TABLE OF AUTHORITIES

AUTHORITY: PAGE USED:

& Foor v. Town of Hebron, 4,6,7,8

742 N.E. 2d 545 (Ind. App. 2001)

r a G.B. v. State, 715 NE. 2d 951,953 Fe

a Houck v. City of Prairie Village, 4,7

912 F. Supp 1428 Rec. 950 F. Supp 312

4. Huber v. Franklin County Comty School Corp. 3,7

507 N.E. 2d 233,238 (Ind. 1987)

5. In re Guardianship of K.T. 4,6,7,8

743 N.E. 2d 348 (Ind. App. 2001)

6. Jones v. State, 449 N_E. 2d 1060 2.

(Ind. App. 1983) 698 N.E. 2d 735

st Levin v. Levin, 645 N.E. 2d 601, r

604 (Ind. 1994)

8. Mercantile Nat'l Bank Of Ind. v. Teamsters ms

Union Local #142 Pension Fund

668 N.E. 2d 1269,1271 (Ind. App. 1996)

9. Moss v. Morgan Stanley, Inc. C_A.N.Y. 8.

719 F. 2d 5,17

-38. -

TABLE OF AUTHORITIES

AUTHORITY: PAGE USED:

10. Scothorn v. State of Kansas 772 F. Supp. 556 4.

(Kansas 1991)

11. Sivard v. Pulaski County, 995 F. 2d 662, 2,4.

17 F. 3d 185 (Ind. 1992)

12. State v. Lake Superior Court Room 4, B

335 N.E. 2d 199,203

13. United States v. Zima 766 F2d 1153 7.

(1985 CA 7 Ind.)

FEDERAL STATUTES:

1. RICO ACT 18 US.C.A. § 1961 8.

2. RICO ACT 18 U.S.C.A. § 1962 8.

INDIANA STATUTES:

i. Indiana Code § 33-2-3-1 Let

2. Indiana Code § 34-5-2-1 1,3,7

3. Indiana Code § 34-4-17-1 thru § 34-4-17-8 6.

INDIANA CONSTITUTION

> PP

(1997 Replcmt. p. 30)

Article IIL § 1 Burns Statutes, Constitutions 1,7.

(1997 Replicmt. p. 204)

Article VII. § 4. Burns Statutes, Constitutions 1,7

(1997 Replicmt. p. 277)

UNITED STATES CONSTITUTION

Article III., Sec. 2., Clause 1, 1,4,5,7,8

Black's Law Dict. 6th Ed. p. 1644

Article V1. Sec. 2. Black's Law Dict. 3,5,6

6th Ed. p. 1645

Amendment VIL., Black's Law Dict. 2,3,4,5,8

6th Ed. p. 1646

Amendment XIV., Black's Law Dict. 3,4,,5,6,7,9

6th Ed. p. 1647

INDIANA RULES OF COURT

Trial Rules 7 thru 15 point of reference, 6,8

2000 Ed, pp. 11-18

[- a. -]

-39, -

IN THE INDIANA COURT OF APPEALS

CAUSE NO. 57A04-0009-CV-404

LLOYD G. PERRY, ) APPEAL FROM THE

Appint/Deft/ C. Pitf (Below) ) NOBLE CO. SUPIR. COURT

v. ) No. 57D01-9007-CT-000018

MARVIN R. CURTIS, et al., ) The Honorable

Apple/Pitf. C. Deft. (Below) ) J. SCOTT VANDERBECK, S.J.

APPELLANT'S PETITION FOR REHEARING

Comes now the appellant, Lloyd G. Perry, in person and

pro se and moves this Indiana Court Of Appeals by Petition For

Rehearing and/or Motion To Reconsider it's judgment of August

3, 2001 im the above entitled case of Perry v. Curtis and files this

petition pursuant to Appellante Rules 54, 43, 44, 46.

L JURISDICTION:

The jurisdiction of this appeal has been established in

appellant's brief, un-opposed and places the jurisdiction in the

exclusive jurisdiction of the Indiana Supreme Court pursuant to

the terms and conditions of the "Arising under" clause of Article

IIL, Section 2, clause 1. of the United States Constitution,

charged with supervisory powers and consistent with the Indiana

Constitution Article II., § 1 and Article VII., § 4 and supported

by Indiana Code § 33-2-3-1.

1. The underlymg condition of State practiced

policy of discrimination agaist layman pro se litigants, is in

violation of the United States Constitution, has deprived this

appellant, Lloyd G. Perry of his equal privilages and immunities,

equal protection of the law; deprived due process of law and has

caused Perry to suffered heavily, physically, financially,

emotionally for a period of years because of this said

discrimination. It has put at risk, his life, property, family,

income, freedom and the right to recover for the said losses and

damages. The absence of the Indiana Supreme Court's

Supervision of equally applied law, consistent with the United

States Constitution's rule of law, has brought on a run-away

judicial deteriation as relates to discipline of attorneys and judges

relating to the said discrimination; bad legislation related to the

Courts and bad case laws by the Courts themselves, under

negative, agressive, anti-Constitutional supervision, intended for

discrimimation, contrary to the Supervisory duties directed under

Article III, Sec. 2. Cl. 1. at a cost to the public in the form of

saienciicitiieae iia”

II. STATEMENTOF THE ISSUES:

My The State of Indiana has engaged in the practice

of a policy of discrimination against layman pro se litigants in the

courts. To rid the courts of cases filed by a layman, the Indiana

Supreme Court in concert with the Indiana Legislature made

legislation and made case law specifically imtended to be used in

this discrimination practice. The laws and methods are

accomplished under the violations of the United States

Constitution; dismissing a case as frivolous or im some cases

under Summary Judgment, either instance takes the issues of

determining facts from a jury in a case demanding mal by jury

on facts pleaded as required by the Rules of Court.

y 4 To prove a case of discrimination by the State, it

must be shown that the State intended to discriminate and was the

policy of the State. With this petition that history and proof is

now provided m it's full form, between this petition and

appellant's brief on appeal. (e.g. Jones v. State, 449 N.E. 2d 1060

(Ind. App. 1983) see 698 N.E. 2d 735. (A reversible error)

> To accomplish the discrimination, the State

Supreme Court deliberately, willfully, maliciously and with the

imtent to deprive the citizens of this State of their United States

Constitutional rights, did cause legislation and did draft law,

contrary to the United States Constitution for the expressed

purpose of depriving the citizens of the State of Indiana

(Specifically Lloyd G. Perry) of his right to use the courts of the

state as setforth inthe Indiana Constitution Article L § 12 (e.g.

Sivard v. Pulaski County, 995 F.2d 662, 17 F.3d 185 (Ind. 1992)

4. That this case on appeal has set forth the facts as

they are and have shown the fraud and abuse of discreations

along the way. The abuse of discreation is accomplished by the

respective court making the determmation that the case is

frivolous, thus taking the questions of facts away from the jury in

a jury demanded case. This is reversable error and a US.

Constitutional violation on the part of the Court and the State.

(see U.S. Constitution Amendment VII. infra)

Ii. STATEMENT OF THE CASE:

1. Petition For Relief From Judgment was filed

based on lack of jurisdiction and defective judgment by reason of

personal interest in outcome of case by judge joimt with parties.

2. - As the approximate cause; the State Of Indiana

Supreme Court has failed and refused to uphold it's legal duty to

-41.-

protect Perry from the fraud, corruption and racketeering

activities in the judicial systems in this State Of Indiana, resulting

in damage to Perry and effecting his litigation for relief, recovery,

protection and justice. The State has a legal duty to discipline

attorneys and judges and it has failed, but it has also violated the

Untied States Constitution to aid it's discrimination policy against

layman pro se litigants. A policy that has [2] made clear that an

attorney or judge can do whatever they desire to do to a layman

pro se, his documents, witnesses, his property, his privacy and

know that because of the policy of the State, there will be no

disciplinary action and no risk of lost of the case to the layman.

This condition has the judicial system operating as a racketeering

operation, with clear evidence of no supervision by the State

Supreme Court over discipline or law making or protecting the

public.

IV. STATEMENT OF FACTS:

FIRST, I want to thank this Court for making the

of Appeals August 3, 2001. (e.g. Huber v. Franklin County

Cmty. Sch. Corp. 507 N.E. 2d 233,238 (ind. 1987) and others

1. Nowhere in this Court's Order of August 3, 2001

is the Federal Question Challenge to the constitutionality of

§ 33-2-3-1 and LC. § 34-5-2-1 and their

relationship to the required discipline of attorneys and judges, as

a legal duty of the Indiana Supreme Court, to protection the

this

than Perry could have hoped to make it,

points must be part of your decision making process in this

appeal, which presently are not reflected. You have failed to

consider that your laws and legislation is contrary to U.S.

Constitutional law. You also failed to consider all listed abuses of

discreation including taking the questions of fact from the jury

and depriving trial by jury.

A. You say there has been no evidence

references to the record in Perry's brief in relation to several types

of fraud, from the administrative agency of the labor boards, to

the court room, to the sheriff, to the Indiana Supreme Court. [3]

B. You say that Perry did not timely file his

appeal in the original process. But you have overlooked the

proof of the threats and mtimidations that are so clearly

documented in the record, in Perry's brief, which includes Judge

Spindlers comment as Perry being deserving of an injunction

and you have mistated the facts as you did for paragraph A.

above. Perry explained why he did not file; Perry made clear by

reference to the record that threats, intimidation, killings,

distruction of records have all been part of the methods used by

the opposing sides to cause Perry to loose the case and obstruct

all his processes. This fact extends back into the Perry v. Fox

case and the issues filed in Curtis were new issues that developed

during the pendency of the said Fox case, and go all the way

back to Spencer County, as referenced by Perry in Perry's brief

with a separate appendix with evidence with it that shows the

basis for all the attempted killings and killings of witnesses. (see

e.g. Sivard v. Pulaski County, 995 F.2d 662, , 17 F.3d 185 (Ind.

1992) see also Scothom v. State Of Kansas, 772 F. Supp. 556

(Kansas 1991) also Houck v. City of Prairie Village, 912 F. Supp

1428 trvond. 950 F. Supp 312

C. Nowhere in this said August 3, 2001

Order was addressed the matters of State practiced policy of

discrimimation against layman pro se litigants, which is at the

heart of this appeal and the conditions leading up to this appeal

over a period of years. It is only addressed as being a right that a

-43. -

court has in relation to frivolous law suites. But you can't violate

the United States Constitution by inacting legislation t create the

right for the Court. Nor can you pass case law consistent with

that legislation to support that right when the whole of i amounts

to more U.S. Constitutional violations that just are not allowed.

As you well know, two wrongs don't make a right. This is a fact

that you must consider but have not and it is an abuse of

descreation by each level of Court involved here. (E.g. In re

Guardianship of K. T. 743 N.E. 2d 348 (Ind. App. 2001) also

e.g. Foor v. Town of Hebron, 742 N.E. 2d 545 (Ind. App. 2001)

D. Like all of the other issues stated in the

Order, the mistating of the facts of this case and the other related

cases are at the heart of the discrimination and under the laws

cited by this Court in it's Order of August 3, 2001 we can see

with absolute certainty the intent of the Judicial and Legislative

bodies of this State in concert to take away the rights of the

citizens by passing both legislation and case law to circumvent

the terms and conditions guaranteed to those citizens by the

United States Constitution Amendment VIL, right to trial by jury

and Amendment XIV. § 1 due process. There is no law or

legislation that can justify the issueing of an mjunction by any

Court to protect a party from civil or criminal prosecution for the

civil and criminal wrongs that person has committed that gives

rise to the filing of a complaint and requests for justice and relief.

Nor can Indiana block that relief pursuant to Indiana Constitution

Article L § 12 [4]

V. SUMMARY OF ARGUMENT:

i. This Indiana Court Of Appeals states that the

issues brought by Perry to the Courts of this State are frivolous

and are therefore dismissed and for repeated filings the injunction

is placed to protect the parties from further litigation. That is a

prejudical mis-statement.

2. Here is where this Indiana Court Of Appeals, the

lower Courts, the Indiana Supreme Court and the Federal District

Court and Seventh Circuit Court Of Appeals have all made their

biggest and most costly mistakes, anchoring the charge by Perry

they carry the liability of consequential damages from the effects

of the injunctions and the prejudice m the many court

ings which deny due process, in whole or in part due to

-44, -

against laymen pro se litigants. Go back and look at your United

States Constitutional Law. You are m error.

From Black's Law Dictionary, Sixth Edition

(Constitutions pp. 1645-1646)

Article VI. [2]

This Constitution, and the Laws of the United

States which shall be made in Pursuance thereof;

and all Treaties made, or which shall be made,

under the Authority of the United States, shall be

the supreme Law of the Land; and the Judges in

every State shall be bound thereby, any thing in

the Constitution or Laws of any State to the

Contrary notwithstanding.

Amendment VIL.

In Suite at common law, where the value in

controversy shall exceed twenty dollars, the nght

of trial by jury shall be preserved, and no fact

tried by jury, shall be otherwise re-examined in

any Court of the United States, than according to

the rules of the common law.

Article III, Section 2, caluse [1]

The judicial Power shall extend to all Cases, in

Law and Equity, arising under this Constitution,

the Laws of the United Staes, and Treaties made,

or which shall be made, under their Authority, - -

to all Cases affecting Ambassadors, other public

Ministers and Consuls; - - to all Cases of

admiralty and maritime Jurisdiction; - - to

Controversies to which the United States shall be

a Party; - - to Controversies between two or more

States; - - between State and Citizens of another

State; - - Lands under the Grants of different

States, and between a State, or the Citizens

thereof, and foreign States, Citizens or Subjects.

3. It appears that the basis for issueing an injunction

-45. -

a

is on grounds of preventing frivolous litigation and a repeat

filmg of the same; however to issue such an injunction is [5]

contrary to United States Constitutional Law and therefore the

State Courts have abused it's power and acted m abuse of

case law and third placing the injunctions in an effort to

circumvent the U.S. Constitution Amendment XIV. This is

evidence of willful and malicious obstructions of justice when

preformed by knowledgable people of the legal profession. this

point supports Perry's contension of recketeering activities.

4, Above, you find the verbatim quote of the United

States Constitution, Amendment VII, which states that civil trial

by jury on questions of facts are guaranteed. Then in Article VI.

that no State Constitution or State law can void the effects of the

United States Constitution. Indiana Constitution Article I. § 12 is

the States verson of the due process - open door court.

3 In this Indiana Court Of Appeals own words and

citations of case law, you make two strong points for me: :

(1.) There has been several willful, State actor

violations of United States Constitutional Provisions in an effort

to stop some types of State litigation.

(a.) | Huber v. Franklin County (supra) reflects a joint

effort by the courts (judicial) and the legislature in relation to LC.

34-4-17-1 thru 34-4-17-8 and it's repeal as it applies to dismissels

and injunctions and sets the limits as to what constitutes

frivolous. (This is abuse of discreation. There is no jurisdiction

for either body to alter the U.S. Constitutions terms.)

(b.) For the court of any level to set in place rules of

civil and criminal procedure, with specific pleading requirements

(T.R. 7-15), then disqualify a case based on being frivolous, does

not fly. Once the pleadings are filed the position the court is in is

one of taking the issues to a jury in a case that has demanded trial

by jury. The statements made by the pleader, pursuant to the said

rules are verified as true and as fact as is any evidence that may

be attached. Therefore for any court to make a determination as

to what is true or false or determative is for the jury (trier of fact)

to determine. For the Court to make that judgment is substituting

the Courts powers for the jury right to decide. The Constitutional

law as cited makes clear that can not be done and it is abuse of

comes from trying to make a decision that by law belongs to the

46. -

jury and by depriving the party of his right to a jury trial is a

denial of due process of law. (E.g. Foor and e.g. K.T. supra) [6]

VI. STANDARDS OF REVIEW:

The problems that face this Indiana Court Of Appeal and

the Indiana Supreme Court is one of lack of jurisdiction and

where there may be jurisdiction, there is a clear lack of

supervision. This appeal stands as a mark of those stated facts.

The Indiana Supreme Court knew or should have known that the

legislation and case laws were both in violation of the United

States Constitution. The Indiana Court of Appeals is equally

responsible as being pros in law. Therefore a standard for

negligence in supervision should be one level; with the abuse of

power, abuse of discreation and wrong motive as a second level

of review; and totally erroneous, a third level ap lied to this

rehearing. (United States v. Zima, 766 F.2d 1155 (1985 CA7

Ind.) also Hoult v. Hoult, 57 F.3d 1.

Vo. ARGUMENT:

1. In Perry's brief, he made clear that jurisdiction of

this appeal was clearly within the exclusive jurisdiction of the

Indiana Supreme Court and requested that it be transfered. Even

now the issue of jurisdiction and lack of jurisdiction remains un-

answered by the lower court or by this Indiana Court Of Appeals. —

My request, you ignored and failed to accurately state the facts of

the case and failed to answer all questions, including the Federal

Question and failed to grant relief where the laws are very clear

on the subject matter. Instead you cite case law that a non

schooled person can recognize as violating the U.S. Constitution,

and expect it to get you off the hook for the practiced

discrimination. It has set the hook deeper and sharpened the

point. You can not find jurisdiction for any of the courts herein

mentioned, to justify what has been done contrary to the United

States Constitution Article III., Sec. 2., Clause 1., Amendment

VII. and Amendment XIV and the Indiana Constitution Article I.

§ 12 and Article III. § 1 and Article VII. § 4. (see e.g. K.T. and

Foor, supra) Lack of jurisdiction is your un-solvable problem.

ae In this said Order of August 3, 2001 we find the

Court stating that the complaints were frivolous and dismissed

with injunctions placed to prevent further frivolous litigation.

Then this Court cites the case laws of Huber v. Franklin County

Cmty Sch. Corp. 507 N.E. 2d 233,238(Ind. 1987); State v. Lake

Suuperior Court Room 4, 335 N.E. 2d 199,203 along with

-47, -

Mercantile Nat"! Bank of Ind. v. Teamsters Union Local #142

Pension Fund, 668 N.E. 2d 1269,1271 (Ind. Ct. App. 1996) G.B.

v. State, 715 N.E. 2d 951,953; Levin v. Levin 645 N.E. 2d

601,604 (Ind. 1994) These cases, as they apply to Perry and this

case of Perry vy. Curtis and in general of all the other Perry related

cases, makes the pot of the State practiced policy of

discrimination against layman pro se litigants citing first one

the rights of the people. The people, including this appellant,

can't afford anymore of this imcompetent supervisory court

practice. This gross [7] incompetency is reflected back in the

middle of the Curtis case, when Perry filed for disqualification of

Judge Spindler. Justice Shephard put Spindler back on the bench

with no consideration of Spindlers hostilities toward Perry and

Spindlers criminal actions against Perry and Perry's due process.

(see record, Vol. II, p. 466, L 12-24) This condition reflects the

unwillingness to discipline; (Record Vol. IIL. pp. 639,641) poor

to no ision (with interest in the outcome of the case since it

is related to Gresk and the placement of Justice Shephard came

as the result of Gresk) mis-application of law and failed basic

legal duty to protect the public; the above cited case laws and

Perry's cases documents the State's practiced policy of

discrimination even when the conditions involves murder and

———

HOW?

entry Docket, Record. p. 11 Date 9/20/90) (and in many cases

denied appointment of legal counsel with emphasis on Gresk

case) which as we can see is clearly a violation of U.S.

Constitution Amendment VII. Then to avoid having to deal with

consistent with the requirements of the rules of court. With

emphasis on Trial Rule 7 and 9 but including rules 7 thru 15.

-48. -

Averment of facts pleaded under Trial Rule 9 is a question of

fact for the jury and not the court. But where is the supervision as

required by Article III. Section 2., clause 1.of U.S. Constitution?

The supervision is now clearly the problem because as the

referenced case law of the August 3, 2001 order shows, the

Indiana Supreme Court and specifically Chief Justice Randal T.

Shephard worked hard at getting the legislation and case laws

into place so as to cause the denial of the due process by

dismissing any case they didn't want, on the basis of frivolous.

This really does go beyond the limits of discrimination and into

the area of racketeering, which when examined in both civil and

criminal cases has caused people to be imprisioned that should

not be locked up and has caused people to loose their property or

other rights because there was no true due process and equal

protection of the law. Who then benifited? The attorneys and the

crook. Look then at the RICO Act 18 U.S.C.A. § 1961; and 18

U.S.C.A. 1962; Moss v. Morgan Stanley, Inc. C.A. N.Y. 719

F.2d 5,17 and see how it applies to this condition and know that

this condition must end because it is corrupting our judicial

system. See also K.T. and Foor supra) [8]

4. ‘Then add the lack of equal protection of the law,

whens Desey atthe ter an ebentiien te: Allen Circuit end in Noble

Superior but was refused and then the opposing side is granted

the type of injunction that should never be granted. This case

came after the Curtis v. Perry fight brought litigation from Perry's

self help after denial of protection in Allen Circuit. This violates

U.S. Constitution Amendment XIV. (see separtate appendix p. 30

entry 8-31-89)

5. The intent of the Indiana Supreme Court and the

Indiana Legislature could not be clearer stated, than is stated m

those laws cited in that August 3, 2001 order with emphasis on

Huber (supra) , but remember the Governor had to sign that

legislation also, so it is total State government discrimination and

as the laws show, it was intended to be that way no matter how

wrong it was. (see e.g. Houck, supra)

FEDERAL QUESTION #2.

As a second Federal Question, can the State, it's

legislators or judicial branches or any other branch of the State

make rules and regulations that deprive the Citizens of ther _

guaranteed, United States Constitutional Provisions so that that

new rule or regulation eases or makes more convenient the

- 49. -

operation of the State and any of it's various branches,at the loss

of citizens rights?

Therefore, are any laws providing for the dismissel of a

case on the bases of frivolous or summary judgment, where the

trial by jury has been demanded or the placement of an

injunction barring futher litigation, constitutional under the terms

and conditions of this case?

Therefore, as a matter of law, and in consideration of the

facts and circumstances supported by law, as set forth in this

Petition and in appellant's Brief, as the rule of law the lower court

judgment should be reversed and all cases tried under these same

conditions should also be reversed with full payment of damages

to Perry for the physical suffering, mental anguish, loss of

income, loss of property and damage to his reputation and credit,

in the amount as earlier stated of $3.3 billion, with all other just

and proper relief in the premises.

Respectfully submitted by;

s/

Lloyd G. Perry, Appint. pro se

10025 West, 400 South

Dunkirk, Indiana 47336

Phone

Word count certificate omitted. [10]

CERTIFICATE OF SERVICE

i, Lloyd G. Perry do verify that true and exact copies of

s Petition For Rehearing was served on each of the

following counsels of record by deposit in the U.S. Postal

Service, postage pre-paid at the following addresses on or before

September 3, 2001.

Indiana Attomey General, William Groth,

Assistant, Janice E. Kruescher 1213 North Arlington

Ind. Gov. Center, S., 5th Floor Indianapolis, Ind. 46204

402 West Washington Street Phone (317) 353-9363

i lis, Ind. 46204

Phone (317) 232-6316

- 50. -

HALLER & Colvin

Stephen Lewis

444 East Main Street

Fort Wayne, Ind. 46802

Phone (219) 436-8549

803 South Calhoun

Fort Wayne, Ind. 46802

Phone (219) 422-1515

Stephen Lerch

Suite 500

919 South Harrison

Ft. Wayne, Ind. 46802

Phone (219) 423-6655

Burt, Blee, Dixon & Sutton

Mr. Burt

200 East Main Street

Ft. Wayne, Ind. 46802

Phone (219) 426-1300

- 51. -

Lebamoff Law Offices,

918 South Calhoun,

Fort Wayne, Ind. 46802

Phone (219) 423-2581

Hunt, Suedhoff,

803 South Calhoun Street

Fort Wayne, Ind. 46802

Phone (219) 423-1311

Rothberg & Logan

2100 Ft. Wayne Nat'l Bank

110 West Berry

Fort Wayne, Ind. 46802

Phone (219)422-9454

Eilbacher, Scott

Lee Eilbacher

Suite 2200, Ft Wayne Nat'l

Bank Bidg.

Ft. Wayne, Ind. 46802

Phone (219) 423-9551

Barrett & McNagny

Thomas Kimbrough

Electron Bidg.

215 East Berry

Ft. Wayne, Ind. 46802

Phone (219) 423-9551

Respectfully submitted by;

"s/ "

Lloyd G. Perry, Applt. pro se

10025 West, 400 South

Dunkirk, Ind. 47336

Phone [11]

SEAL OF STATE OF INDIANA

1816

Brian Bishop

Clerk

CLERK

SUPREME COURT, COURT OF APPEALS, AND TAX COURT

STATE OF INDIANA

217 STATE HOUSE, INDIANAPOLIS, IN 46204

317-232-1930 FAX 317-232-8365

PERRY, LLOYD G. Cause No. :

10025 West, 400 South 57A04-0009-CV-0040

Lower Court Number:

DUNKIRK, IN 47336 57D019007CT18

PERRY, LLOYD G. -v- CURTIS, MARVIN R.

You are hereby notified that

COURT OF APPEALS has on this day 8/03/01

ISSUED THE ENCLOSED OPINION: RS

WITNESS My name and the seal of said Court,

3RD AUGUST, 2001

this day of

" Ss /

Brian Bishop

Clerk Supreme Court, Court of Appeals and Tax Court

[12] (Notice Cover Page of Order)

- 52. -

Pursuant to Ind. Appellate Rule 15(A)( FILED

this Memorandum Decision shall not be |} AUG 3 2001

regarded as precedent or cited before Brian Bishop

any Court except for the purpose of CLERK

establishing the defense of res judicata, INDIANA

collateral estoppel, or the law of the case] SUPREME COURT

COURT OF APPEALS

AND TAX COURT

LLOYD G. PERRY

Dunkirk, Indiana

IN THE

COURT OF APPEALS OF INDIANA

LLOYD G. PERRY, )

Appellant-Plaintiff, )

vs. ) No. 57A04-0009-CV-404

MARVIN R. CURTIS, et al., )

Appellees-Defendants. )

APPEAL FROM THE NOBLE SUPERIOR COURT

The Honorable J. Scott VanDerbeck, Special Judge

Cause No. 57D019007-CT-189

August 3, 2001

MEMORANDUM DECISION-NOT FOR PUBLICATION

BAKER, JUDGE [1] (of order)

Appellant-plaintiff, Lloyd G. Perry appeals the dismissal

of his Motion for Relief from Judgment pursuant to Ind. Trial

Rule 60(B). Specifically, he contends that the trial court lacked

jurisdiction in permanently enjoining him from instituting a cause

of action, in any court in the State of Indiana, on matters already

litigated regarding a battery claim and in a separate case for

slander and libel. Perry also maintains that his motion should

have been granted because he demonstrated that the defendants

in those actions committed fraud.

FACTS

The facts most favorable to the judgment are that on

February 22, 1991, Perry was enjoined, by the Noble Superior

- 53. -

Court, from instituting any further causes of action that arose

from, or related to, issues in Perry v. Fox Contractors, Inc., et. al.

No. 02C01-9808-CT-93, or Perry v. Curtis, No. 57D01-90006-

CT-018, in any court within the State of Indiana, without leave of

the Noble Superior Court. Record at 146. The claims brought by

Perry in those action were based upon battery and defamation.

When the order was issued, the trial judge commented as follows

"I believe that if anyone is subject to sanctions under Rule

11 and if anyone has behave themselves in a fashion

which causes justice to cry out for an injunction to curb the

abuse of the legal system which you have perpetrated in

the past and the future, it is you. And, for that purpose, I

am going to grant all of the Motions and Applications for

Permanent Injunctions.” R. at 461-62. "This action, as I

tried to explain to you earlier, is so patently, obviously,

and tansparently frivolous and brought in bad faith that it

is frivolous, transparently and patently frivolous, with

regards to everyone you named." [2] (of order)

R. at 472. The trial court noted that the injunction did not affect

Perry's right to appeal the decision, to defend himself in any

criminal action, or to deny his access to the Court of Appeals or

the Supreme Court of Indiana for any purpose. R. at 147-48.

Perry did not appeal this injunction, but instead filed a T.R. 60

(B) Motion for Relief From Judgment or Order on December 12,

1999. In that motion, Perry claimed that the trial court was

without jurisdiction to issue the permanent injunction regarding

those cases. He also argued that the opposing parties acted

Prior to the Noble Superior Court's issuance of the injunction,

the United States District Court for the Southern District of

Indiana, in 1989, enjoined Perry from filing in any federal court,

without leave of that court, any lawsuit arising out of or related to

any issues in Perry v. Gresk, No. EV84-174-C, slip op. (S.D Ind.

Feb 21, 1986, or Perry v. Barnard, No. EV88-24-C, slip op.

(S.D.Ind. Sept. 26, 1989). R. at 628-32 (7th Cir. Nov. 21, 1986)

These actions involved conspiracy and defamation claims against

various state officials and government agencies. That injunction

was affirmed by the United States Court of Appeals for the

a.

aan" Circuit, Perry v. Bamard, No. 89-3575. R. at 633-34

1986

In response to the Noble Superior Court's order, Perry filed a

Petition of Permanent Writ of Mandamus and Prohibition and a

Petition for Emergency Writ with the Indiana Supreme Court on

February 25, 2000. Perry alleged that only the Indiana Supreme

Court had the jurisdiction to issue an injunction to prevent pro se

representation and that the injunction placed a hardship on Perry.

Thereafter, our Supreme Court dismissed the petitions on

February 25, 2000, determining that Perry sought an

unquestionably inappropriate remedy and that Perry failed to

show that the trial court [3] exceeded its jurisdiction in granting

the injunction. the trial court denied Perry's Motion for Relief

from Judgment on June 28, 2000, determining that Perry had not

carried his burden to show any mistake, newly discovered

evidence or fraud as required by T.R. 60(B). He now appeals the

denial of that motion

DISCUSSION AND DECISION

L Standard of Review

In resolving Perry's claim that the trial court erred in denying

his Motion for Relief from Judgment, we note that the grant or

denial of a Motion for Relief from Judgment is left to the

equitable discretion of the trial court. We will reverse only for an

abuse of that discretion. Mercantile Natl Bank of-Ind._v.

sters cal #142 F d. 668 N.E.2d 1269,

1271 (ind. Ct. App. 1996). ta tun ft Gatien eines en

the trial court's denial is clearly against the logic and effect of the

facts and inferences supporting the judgment. G.B. v. State, 715

N.E.2d 951,953 (Ind. Ct. App. 1999). On a Motion for Relief

from Judgment, the burden is on the movant to demonstrate that

relief is both necessary and just. Levin v. Levin.645 N.E.2d

601,604 (Ind. 1994)

In resolving Perry's claim that the trial court was without

jurisdiction to issue the permanent injunction, we note that

imjunctive relief may be granted, under the court's equity powers,

when the plaintiff's production of litigation amounts to an abuse

of process. Huber v. Franklin County Comty Sch. Com.. 507

N.E.2d 233,238 (Ind. 1987). Likewise, the equity powers may

be mvoked to prevent a multiplicity of suits or to suppress

- 55. -

litigation when otherwise there would be actions at law

unnecessarily or [4] burdensomely numerous.

Superior Court Room 4, 335 N.E.2d 199,203 (Ind. 1975)

Turning to the circumstances in the instant case, it is apparent

that Perry has a history of bringing frivolous lawsuits. Perry was

sanctioned by the federal court for instituting spurious claims in a

decision that was upheld by the Court of Appeals for the Seventh

Circuit. R. at 628-34. In those cases, Perry brought suit against

fifty-three defendants including the Indiana Department of

Natural Resources, the Insurance Company of North America,

the Indiana Attorney General, the German American Bank, and

the Chief Justice of the Indiana Supreme Court. R. at 628-29.

Perry claimed that the various defendants were jomed in a

conspiracy to defraud him and harm his reputation. The federal

courtfound these claims to be without evidentiary support,

wholly frivolous, and without merit.

Perry has also not been a stranger to our state courts. In the

Perry's Motion for [5] Relief fromJudgment. Finally, we note that

the trial court was well within its equitable powers to issue the

me ‘ake fanatics ©

injunction

N.E.2d at 605.

Judgment affirmed.

FRIEDLANDER, J., and ROBB, J., concur.

1 Many of these same individuals and allegations were alleged in

separate complaint Perry filed in Allen County that was dismissed

with prejudice. [6]

IN THE COURT OF APPEALS

CERTIFICATION

Brian Bishop

Clerk, Supreme Court

57

CERTIFICATION

STATE OF INDIANA ‘

SS:

Court Of Appeals )

I, Brian Bishop, Clerk of the Supreme Court of the State Of

Indiana, Certify the above and foregoing to be a true and

complete copy of ___THE OPINION __ OF SAID COurt in the

above entitled case. .

IN WITNESS HEREOF, I set my hand and affix the seal of

____THE CLERK OF THE __said Court, at the City of

Indianapolis, this 19 day of __MARCH 2002 _

"s/_ Brian Bish "Cleri

se ee eee a

ee ee

SEAL OF THE STATE OF INDIANA

CLERK

Supreme Court, Court of Appeals and Tax Court

STATE OF INDIANA

217 State Hous, Indianapolis, In 46204

Brian Bishop

Clerk 317-232-1930 FAX 317-232-8365

Cause Number

PERRY, LLOYD G. 57A04-0009-CV-00404

10025 West, 400 South Lower Court Number:

Dunkirk, In 47336 57D019007CT18

PERRY, LLOYD G. -V. - CURTIS, MARVIN R.

You are hereby notified that the Supreme Court, has on this

day 3/19/02.

This Matter has come before the Indiana Supreme Court on

a Petition to Transfer Jurisdiction following the issuance of a

decision by the court of appeals. The petition was filed pursuant

to Appellate Rule 57. The Court has reviewed the Decision of

the Court Of Appeals. Any record on appeal that was submitted

has been made available to the Court for review, along with any

and all briefs that may have been filed in the court of appeals

and all the materials filed in connection with the request to

transfer jurisdiction. Each Participating member of the Court

has voted on the Petition. Each participating member has had

the opportunity to voice that Justice's views on the case in

Being duly advised, the Court now denies the Appellant's

Petition To Transfer of Jurisdiction.

Randall T. Shepard, Chief Judge

All Justices concur AA

Witness my name and the seal of said Court,

19TH March, 2002

"s/ "

Clerk Supreme Court, Court of

Appeals, and Tax Court.

- 59. -

IN THE

INDIANA COURT OF APPEALS

CAUSE NO. 57A04-0009-CV-404

LLOYD G. PERRY, ) APPEAL FROM THE

Appellant/ Defendant/ C. ) NOBLE COUNTY SUPERIOR

Plaintiff, ) COURT

)

v. ) CAUSE NO.

) 57D01 9007-CT-000018

- )

MARVIN R. CURTIS, _) The Honorable

Appellee/ Plaintiff/ C. ) J. Scott VanDerbeck, Special Judge

Defendant et al )

PETITION TO TRANSFER

TO THE INDIANA SUPREME COURT

Comes now the appellant, defendant below, Lloyd G. Perry

in person and pro se and petitions this Indiana Court Of

Appeals and the Indiana Supreme Court for the transfer of this

case to the Indiana Supreme Court.

IL JURISDICTION:

Jurisdiction of these issues is and should have always been

in this State of Indiana Supreme Court concurrent with the

United States Supreme Court pursuant to the terms and

conditions of the United States Constitution Article I, § 2

clauses 1 & 2 as to exclusive jurisdiction over matters of

discipline of judges and attorneys; and supervisory jurisdiction

over the inferior courts to insure equal justice to all.

iti is the Indiana Constitution provisions under

Article IIL, § 1. and Article VIL, § 4, jomt with Indiana Code §

34-5-2-1 and LC. § 33-2-3-1, jomt with the terms and

conditions setforth in Article I, § 12 of the said Indiana

Constitution.

IL STATEMENT OF CASE WITH FACTS:

As this Indiana Supreme Court examines this case, it will

find that at no time has the case of Curtis v. Perry and cross

claim of Perry v. Curtis ever been under the jurisdiction of the

Noble Superior Court; but they don't want to admitt it, nor does

this Indiana Supreme Court as is evidenced by Perry's original

_ *

action to the Indiana Supreme Court January 25, 2000; nor

does this Indiana Court Of Appeals in it's memorandum ruling

issued against this appellant Perry on August 3, 2001 with

rehearing denied October 29, 2001.

Appellant states the following history of the case:

1. That the Indiana Court Of Appeals decided the case by

written opinion in a not for publish Order August 3, 2001,

against this appellant, Lloyd G. Perry (this party seeking

transfer)

2. That this appellant, Perry, timely filed a petition for

rehearing setting for the errors of the Indiana Court Of Appeals

and pointing out clearly the questions of law, including the

Federal Questions in the case that were never addressed. Issues

that for the most part were of the exclusive jurisdiction of the

Indiana Supreme Court. Such as, jurisdiction of subject matter;

Supreme Court supervision over inferior lower courts; the

subject matter of discipline of attorneys and judges; the

constitutionality of the Indiana Code § 34-5-2-1- and § 33-2-3-

1.

3. The primary error listed in appellants petition for

rehearing was the lack of jurisdiction on the part of all the

Indiana State Courts and the Federal District Court and

Seventh Circuit Court Of Appeals over a very long period of

time and throughout a great many cases involving Perry.

In the final analysis, we can clearly see a pattern of

unwillingness on part of the said Indiana Supreme Court to

discipline attorneys and judges for criminal practices in

litigation processes and at the same time a willingness, by this

same Supreme Court to violate the United States Constitution

and the Indiana State Constitution in concert with the Indiana

Legislature in an effort to avoid the effects of their failed duty

to protect the public. In a concerted effort by both the Indiana

Supreme Court and the Indiana Legislature and in violation of

the seperation of powers doctrine, did draft and did legislate

and did cause case law to be made in an open and clearly

intended effort to allow for discrimination by the Courts of this

State against Laymen Pro Se Litigants; and to provide a means

by which to avoid the legal duty of the Indiana Supreme Court

to protect the public. Thus we have legislation that gives the

Courts the right to dismiss a case that they deem as frivolous or

dismiss it under summary judgment, even when the case has

- 61. -

demanded trial by jury; and all of which is constructed contrary

to Constitutional law. But this is the lead that the Indiana Court

Of Appeals has followed, though it is flawed. Therefore it is

the duty and liability of the State Supreme Court to correct it's

own errors.

4. In addition to this is then the misuse of the injunction and

mandate as applied by both the Noble Superior Court, U.S.

District Court and the Seventh Circuit Court Of Appeals. They

have been placed for evil purposes and not as a protection to

the public at large: but they operate entirely contrary to the

principals of law. By their placement, damages to Perry has

increased to the sum of $3.3 Billion and if you count this last

denial as another offense it grows by another triple multipal.

IN SUMMARY:

The Legislative intent of the Indiana Supreme Court, the

Indiana Legislature and the Governor Of Indiana was to void

the guarantees of the U.S. Constitution and deprive the citizens.

Article IIL § 2, clauses 1 & 2 the supervisors of the other

Courts within the State Of Indiana and you have errored and

- 62. -

Court ) asking their supervision over you in an original Action

in the U.S. Supreme Court, which I have been directed to do in

time.

As Perry has outlined in his Petition For Rehearing, the State

of Indiana Supreme Court can not do what they have done in

their bold efforts to discriminate against laymen pro se litigants.

The United States Constitution clearly forbids the State to

legislate law or incorporate provisions in it's constitution that

void the effects and guarantees of the United States

Constitution. Under Article I, Section 2, clause 1 & 2, the

Indiana Supreme Court has a legal duty to supervise.

Therefore this appellant, Lloyd G. Perry petitions this

Indiana Court Of Appeals for the transfer of this case to the

Indiana Supreme Court so as to satisfy the jurisdictional defects;

corrected the flawed laws; and repair that which can be repaired

in the way of damage to Perry as well as to the judicial system

of this State Of Indiana; so requested to be complete pursuant to

law within the next 10 days, with all other just and proper relief

in the premises.

VERIFIED PLEADINGS AS TRUE AND FACTUAL, UNDER

PENALTY OF PERJURY BY;

"s/ *

Lloyd G. Perry, Appint. Pro Se

10025 West, 400 South

-3.- Dunkirk, Indiana 47336

- 63. -

TABLE OF CONTENTS

RECORD OF PROCEEDINGS

VOLUME I. OF IV.

PAGES 1. THRU 248.

DOCUMENT: PAGE NO.:

1. Defendant Perry's Praecipe of the Record(first copy) 1.- 5 *

Shows check list of Noble County Superior Court Clerk,

omitting parts of requested record.

2. Defendant Perry's Praecipe of the Record 6.- 10

(second, copy) Certified Copy of requested record parts.

3. Certified Docket Sheets of record 11.- 31

of proceedings

4. Perry's Opposing Affidavit and 32.- 39

Exhibits To Cross-Defendants Motion For Summary Judgment

Statements of obstructions of justice, death certificates of —

witness friends, case in Allen County dismissed under duress.

5. Motion For Summary Judgment and Motion 40.-46

For Sanctions For Instituting Frivolous Litigation (by Lerch)

Contains affidavits of defendant attorneys Lerch and

Groth.

6. Motion For Summary Judgment and 47.- 49

Motion For Sanctions (by Leonard LEilbacher, defendant

attorney) Contains affidavit of Wayne Leon Pancake

7. Motion For Summary Judgment 50.- 54

(by defendant firm Haller & Colvin) Contains affidavit of

Dallas Day.

8. Defendant Lloyd G. Perry's First Set Of 55.- 57

Interrogatories Contains question pretaining to injuries, claims. ~

9. Motion For Production Of Documents 58.

(by Defendant Perry) 58. Requested medical records.

-64.-

10. Motion For Default Judgment 59.- 60 -

(by Defendant Perry) Failure of respond to complaint

11. Letter dated March 18, 1992 to Judge 61.

Spindler from Lerch _Notice of settlement agreement.

12. Letter dated July 23, 1992, to Judge Spindler 62.

from Lerch Noting agreement to settle not completed; asking

for trial.

* The Complaint, Cross Complaint, Motion To Dismiss,

Verified Application For Permanent Injunction, Letter from

Supreme Court Ordering Resumption Of Jurisdiction (also

others) are located in Evidence Volume II. Of IV. pages

535 thru 672. [i]

TABLE OF CONTENTS

RECORD OF PROCEEDINGS

VOLUME 1. OF IV.

PAGES 1. THRU 248.

DOCUMENT: PAGE NO.:

13. Plaintiff's First Set Of Interrogatories To 63.- 66

Defendant Lloyd G. Perry Requesting asset informtion

14. Notice of Filing Of; Plaintiff's First Set Of 67.

Interrogatories To Defendant, Lloyd G. Perry (by Lerch)

15. Notice Of Filing Of; Plaintiff's request For 68.

Production Of Documents to Party (by Lerch)

16. Motion To Compel and Motion For Sanctions 69.- 70

(by Lerch) Second Set Of Sanctions and requested after

judgment.

17. Notice Of Filing Of; Plaintiff's Request For 71.

65.-

Production of Documents To Party (duplicate of page 68

above)

18. Request For Production Of Documents To 72.- 73

Party (by Lerch) Requesting privileged information

19. Notice of Filing Of; Plaintiff's First Set Of 74.

Interrogatories To Defendant Lloyd G. Perry (same as pages

68, 71 above)

20. Plaintiff's First set Of Interrogatories to 75.- 78

Defendant, Lloyd G. Perry by Lerch (requesting asset

information)

21. Letter dated September 30, 1992 from Lerch 79.

to Perry Requesting production of late documents

20. Order; Production of Documents and 80.- 81

Sanctions if not done. Order states Perry did not show for

hearing

21. Motion For extension Of Time In Which To 82.

Answer Order Dated 11/12/92 (by Perry) States improper

service on hearing to compel and sanctions.

22. Motion to Set Aside Order dated 11/12/92 83.- 85

(by Perry) Perry cites faulty service, improper procedure,

disrupted employment as factors.

23. Motion For Protective Order (by Perry) ; 86.

Perry seeks protection for privileged information

24. Affidavit In Support Of Motion ForProtective 87.- 89

Order (by Perry) Cites illegal procedure, discovery closed as

[- ii. -]

TABLE OF CONTENTS

RECORD OF PROCEEDINGS

VOLUME 1. OF IV.

_

PAGES 1. THRU 248.

DOCUMENT: PAGE NO:

25. Verified Motion For Continuance and Request 90.- 91

For Further Sanctions (by Lerch)

26. Motion For Continuance (by Lerch) 92.- 93

Settlement pending

27. ORDER OF JUDGMENT (offered by Lerch 94,

28. CONSENT TO JUDGMENT 95.- 96

(offered by Lerch)

29. Request For Emergency Hearing (by Perry 4/9/97) 97- 98

Emergency based on abuse in court proceedings Allen Co.

30. In complaince with Courts Orders; 99.-110

Second Title, Defendant,Cross-Plaintiff's Request To remove

Permanent Injunction, For Good Cause Shown (affidavit

attached) Perry spells out fraud and corruption related to

tt

31. Proposed Order (by Perry) 111.-113

32. In Complaince with this Court's Order, 114,-116

Request For Leave To File and Waiver Of Filing Requirements

(by Perry) Perry spells out more fraud

33. Proposed Order (by Perry) 117

34. Response To Filings Of Lloyd G. Perry 118.-119

(by defendant and counsel of record, Leonard Eilbacher)

wants injunction on

35. Defendant Lloyd G. Perry's Objection 120.-122

to Defendant Leonard Eilbachers Letter and Response. Perry

36. Letter from Eilbacher to Clerk Of Noble 123.

Superior, directed at Judge Spindler asking to be excused from

- 67. -

hearings.

37. Duplicate Documents of pages 118 thru 122.

‘ 124 thru 131

38. Post Judgment Docket excerpt Dated 132.

Jan. 31, 2001, p.3 Shows Perry filing Motion For Relief From

Judgment; Judge Spindlers disqualification and Judge

VanDerbeck replacing Spindler,and Perry's Objection.

[- iii. -]

TABLE OF CONTENTS

RECORD OF PROCEEDINGS

VOLUME 1. OF V.

PAGES 1. THRU 248.

DOCUMENT: - PAGE NO:

39. Motion For Relief From Judgment Of 133.-136

August 2, 1991 Pursuant To Trial Rule 60(b) of LR.CP.,

Expidited Proceedings Requested To Prevent Further Damage.

(by Perry, Dec. 20, 1999) Perry cites lack of jurisdiction;

abuse of power depriving due process and equal protection of

the law; injunction bemg Un-Constitutional

40. Brief In Support Of Motion For Relief 137.-142

From Judgment (above) Cites jurisdiction never had by Noble

Superior Court; injunction issued by encroachment upon

exclusive jurisdiction of Indiana Supreme Court.

41. EXHIBIT "A" to the above brief in support 143.-148

of Motion For Relief From Judgment, ORDER ENJOINING

DEFENDANT AND CROSS-PLAINTIFF PERRY

The injunction restricts, regulates and obstructs Perry's

access to the Indiana Court System; Such action amounts to a

determination related to the issues of legal malpractice, decided

in favor of the defendant attomeys on subject matter reserved

exclusively for the Indiana Supreme Court. Therefore the Court

i.

had no jurisdiction to issue any injunction of this type.

42. Motion To Shorten Response Time To 149.-151

Motion For Relief From Judgment, To Be Filed on or Before

December 30, 1999. As a matter of law cited in Perry's motion

for relief, it required immediate relief, Perry was asking for that

immediate action.

43. Notice of Action For Relief From Judgment 152.

44. Certificate of service to Motion For Relief 153

From Judgment

45. Proposed Order in relation to relief from 154.-155

judgment.

46. Duplicate Certificate Of Service of page 153. 157

47. Duplicate Docket Sheet to page 132. 158

48. Notice of Acceptance by J. Scott 159

VanDerbeck Special Judge

49. Perry's MotionTo Correct The Record 160.-161

Stating missing documents and unfiled documents.

[- iv. -]

TABLE OF CONTENTS

RECORD OF PROCEEDINGS

VOLUME 1. OF IV.

PAGES 1. THRU 248.

DOCUMENT: PAGE NO.::

50. Letter Dated 1/ 14/00, to Clerk by Perry 162.-164

Amending his Request for certified record parts for use in the

Supreme Court

51. Letter Dated January 14, 2000, by Perry to 165-167

- 69. -

Court Reporter Ms. Yates requesting transcripts of hearings for

use in Supreme Court.

52. Objection to The Appointment Of Any 168-174

Special Judge Including The Honorable J. Scott VanDerbeck

with Supportive Brief. Based on procedural error and lack of

+ . li hi

53. Notice Of Non-Participation of Leonard 175-176

E. Eilbacher ©

54. Excerpts of Docket Sheet of Jan 31, 2000, 177-178

page 3 & 4. Shows hearing set for February 25, 2000 to

Perry's

Objection (above page 168,174)

Notice Clerk's Certificate for copies prepared is not

available note

is appended to page 178 and is also noted on Praecipe

(page 4,V.1)

55. Response To Motion For Relief From Judgment 179-181

States no law or fact bases.

56. Request To Participate Telphonically 182.- 183.

57. Notice of Non-Participation of Scott L. 184-185

Bunnell and Hunt Suedhoff

58. Response of Stephen E. Lewis and 186-187

Haller & Colvin Oppose said motion; not legally or factually

appropriate

59. Notice Of Non-Participation of David 188-190

Hawk and Hawk, Hynie & Gallmeyer. By David Hawk

opposed by Hawk

60. Order from Indiana Supreme Court 191-192

Denying Petition For Emergency Writ. Denied on bases of

substitute for appeal not allowed.

61. Petition For Emergency Writ 193-200

- 70. -

(Copy filed with Clerk) Raises three issues of jurisdiction or

lack of jurisdiction. Citing racketeering supported by the

injunctions from two cases

62. Petition ForPermanent Writ Of Mandamus 201-204

and Prohibition Raises issues of no jurisdiction and

encroachment as above.

63. Duplicates of pages 191,192 above. 205.- 207.

[- v. -]

TABLE OF CONTENTS

RECORD OF PROCEEDINGS

VOLUME 1. Of IV.

PAGES 1. THRU 248.

DOCUMENT: PAGE NO.:

64. Order Dated February 25, 2000. Noting 208

no hearing on Jan. 13, 1992

65. Letter from Judge VanDerbeck, Dated 209-211

2/25/00 from Perry Letter expanded testimony that Court of

Appeals and Supreme Court in Indiana was closed to Perry —

66. Defendant Perry's Response To 212-216

Judge vanderbeck's Statement That The Rules Require an

Affidavit To Be Filed To Correct The Record.

This response is in affidavit form and cites the areas

needed to be corrected.

67. Order, dated March 9, 2000. 217.

; _ Directs Clerk to check file, directs parties to supply

missing parts.

68. Objection To This Court's Finding on or 21-219

About May 15, 2000. by Perry. Argues the facts of tampering.

- 71. -

69. Order, dated June 28, 2000 stating 220-221

Judge VanDerbecks opinion of the status of the case.

Denied relief from judgment on bases of not appealing at

time of judgment August 2, 1991.

Objection To This Court's Order Of 228-230

June 28, 2000, Dismissing Defendant's Motion For Relief From

Judgment Without Consideration Of The Extrinsic Facts and

Constitutional Rights Consolidated with the First Objection To

This Court's Finding On Or About May 15, 2000. The issue

of jurisdiction was never addressed by the Noble Superior

Court nor the Indiana Supreme Court.

71. Motion To Correct Errors Pursuant To Trial 231-238

Rule 59(A) and Rule 59(H) of the Indiana Rules Of Court

- 2000.

[- vi. -]

TABLE OF CONTENTS

RECORD OF PROCEEDINGS

VOLUME 1. OF IV.

PAGES 1. THRU 248.

DOCUMENT: PAGE NO:

72. Supportive Affidavit to Motion To 235-238

Correct Errors The issue of not addressing jurisdiction when

the motion for Relief From Judgment was based on no

ordered Perry killed

73. Notice of Address Change for Perry 239.

74. Duplicate of Address change Notice 240.

- 72. -

Oe a .

75. Order Denying Motion To Correct Errors, 241-242

dated 8/16/00

76. Defendant Perry's Praecipe of the Record 243.- 247.

77. Clerk's Certificate 248.

[vii]

- 73. -

TABLE OF CONTENTS

EVIDENCE

TRANSCRIPTS OF PROCEEDINGS

VOLUME Il. OF IV.

PAGES 249. THRU 499.

DOCUMENT: PAGE NO..:

1. Hearing on Various Motions, April 17, 250-417

1991, Judge Spindler

2. Hearing on Various Motions, July 15, 1991, 418-472

Judge Spindler

3. Hearing on Motion to Compel and Motion 473-477

For Sanctions by Learch before Judge Spindler, November 4,

1992. There is no certificate by Court Reporter or Judge

4. Hearing on pending motions, April 30, 1997, 478-576

Judge Spindler

5. Hearing on Various Motion, February 25, Vol. Ill 507-534

2000, before Judge J. Scott VanDerbeck, Special Judge

CURTIS v. PERRY, Curtis represented by Stephen Lerch,

Lloyd G. Perry, pro se

1. April 17, 1991 Defendant Perry's Motion 253

For Emergency Hearing On Petition For Order To Transfer. V.

Il, p. 253, Ls 14-16.

2. Court states he realizes the effort to get 254

the Allen County Case into Noble County, (V. IL,p. 254, Ls

5,7) Stated after Eilbacher voiced his concern to the Transfer.

(p.253, Ls 24,25, p.254,1s 1,4 253.

Jurisdiction is at issue throughout the entire hearing.

- 74, -

3. Perry cites Indiana Code 33-5-9-8 on jurisdiction. 256.

p. 256, Ls 10 and 15-25 to p. 257, Ls 1,3. on thru p.258.

4. Perry raises the issue of non co-operation 261-263

on the part of Lerch, Lerch withholding production and

answers to interrogatories,

witnesses fear for their lives, giving examples of Alford and

Croomis (Crummer) deaths in the Allen County case.

5. Court expresses concem about setting an 264

emergency hearing to protect Perry and prevent further

damage. p. 264, Ls 2-16 but misses the point that the issue is

j for not cooperating and openly obstructing the

process

6. Issues narrow to between Perry and 274

Lerch as stated by Court p.274, Ls 3-23.

7. Hearing on Emergency Relief turns to 278

evidence hearing p.278 Ls 1-3,

-L-

TABLE OF CONTENTS

EVIDENCE

TRANSCRIPTS OF PROCEEDINGS

VOLUME IL. OF IV.

PAGE 249. THRU 499

DOCUMENT: PAGE NO.:

8. Plaintiff's Exhibit 1. admitted without 278

objection p. 278,L 11 Letter dated 1/29/91 from Lerch to

Perry telling Perry to be specific as to what interrogatories were

not fully answered

9. Plaintiff's Exhibit 2. admitted without 283

objection p. 283, 15 Lerch is asking for extension of time to

produce X-rays.

- 75. -

10. Plaintiff's Exhibit 3. admitted without 291

objection. p. 291, Ls 16,17 Letter dated 2/21/91 from Lerch to

Perry stating he did not see the point in supplying Perry with

copies of Perry's own documents. Perry narrowing the

evasiveness by causing the production of the document being

evaded.

11. Plaintiff's Exhibit 4. admitted over 295

objection. p.295, Ls 1,2 Perry's objection is that he never

received the letter dated 2/21/91

12.Plaintiff's Exhibit 5. admitted over 297

objection. p.297, L 20 Perry's objection to the letter dated

2/25/91 that it is misleading by not stating the terms of the

viewing.

13. Plaintiff's Exhibit 6 asked by Lerch if 299

Perry received to letter p. 299, Ls 5-7.

Defendant Perry's response was "after a third request- -

finally". p.299,Ls 8,9. "I got some other indication that you had

sent the Judge a letter on that date. p.299, Ls 19,20 This was

the onset forming the bases of the disqualification.

The letter to the Judge was never produced with Exhibit

6.

14. Plaintiff's Exhibit 6. admitted, p.301, L 5 301

Letter dated March 19, 1991 from Lerch to Perry giving

Perry yet another set of instructions as to the limits of his

office, contrary to statements made on pp. 275,276.

15. Plaintiff's Exhibit 7. admitted p.305 L12, 304-305

but Perry objected p.304,L 10 . Clearly Lerch would not mail

the production item.

16. Lerch raises the issue that Perry has not 312-315

exhausted his administrative remedies. p.312, L20-24 on thru

p.314, L 22. Lerch admits issues are in wrong forum. p.312, L

13

TABLE OF CONTENTS

EVIDENCE

TRANSCRIPTS OFPROCEEDINGS

VOLUME Il. OF IV.

PAGE 249. THRU 499

DOCUMENT: PAGE NO.:

Perry makes the point that he filed on two 314

different occasions but withdrew the last filing p. 314Es 7 &

14. Perry points out to the Court the lie p.315, L. 14-22

Important to note that Lerch was associated 314

with the (Ls 15-21) Labor board and that the first complaint

was processed and became and issue in Perry's cross-

complaint. V. III, pp. 581, 1 2(A) thru p. 582. (second

disqualifying act)

17. Judge Spindler knew he was proceeding 316

against the rules. p.316,Ls 23-25

18. Plaintiff's Exhibit 8. admitted p.317, Ls 20,21 317.

Exhibit 8 is Defendant Perry's First Set of Interrogatories

Propounded to Plaintiff Marvin R. Curtis

19. Plaintiff's Exhibit 9 admitted without 321

objection p.321, Ls 10-12 Perry's Motion For Production Of

Documents

20. Plaintiff's Exhibit 10 admitted without 323

objection p. 323, » Ls 17,18 Plamtiff's answers to interrogatories. _

21. Plaintiff's Exhibit 11 admitted without a

objection p.328, Ls 16,17 Plaintiff's supplemental Response to

interrogatories.

22. Defendant Perry demonstrates great 332

delay in receiving production p.332,Ls 5,6 & 9.

a

23. Lerch raised the issue of location of the 333.

fight as being on May 5 in Delaware County Indiana p.333, Ls

9,10

Judge Spindler questions the location p.333, Ls 11,12

Perry recalls responding on the issue of jurisdiction but

that statement, which would have followed Spindlers question

is not in the transcript. _ (third disqualification point)

24. Lerch and his client Curtis willfully 334-337

withhold information requested by Defendant Perry needed

for Perry's discovery. p. 334, Ls 18-23

25. Court attempts to bail Lerch out of the 339-341

point that Lerch has been associated with the Labor Relations

Board, the Union and represented the Union and it's labor

board attorney Groth starting with p.339, L 3 thru 341.

[- iti. -]

TABLE OF CONTENTS

EVIDENCE

TRANSCRIPTS OF PROCEEDINGS

VOLUME IL. OF IV.

PAGE 249. THRU 499.

DOCUMENT: PAGE NO.:

26. Defendant Perry wants to place into 341-347

evidence two affidavits p.341, Ls 21 thru all of p.347 -

Judge Spindler wants to immediately go 342

back to the emergency motion purpose of the hearing and not

let Perry make the placement p.342, Ls 14-18. Judge does

admitt Defendants compile of Exhibit 1.

into evidence p.347, Ls 18-20

27. Defendant Perry's Exhibit 1. consists of a 348-382

total of 35 pages of attached to Perry's Affidavit Showing

Deliberate Delay

A. Defendant Perry's Affidavit Showing Delay 348-351

- 78. -

B. Affidavit of Abbie Bryan, documents slander 352-353

C. Letter from Crider & Crider Excavatingto 354.

Perry di ing.

D. Letter date 6/8/90 citing Lerch for setting up 355-356

theft of documents

E. Letter date 8/14/90 , Lerch to Perry, Lerch 357-359

don't like response

F. Letter date 2/21/91, Lerch to Judge Spindler 360

requesting hearing on Motion For Summary Judgment.

G. Letter date 3/11/91 Lerch to Clerk, requesting 361

H.

continuance

i Letter 3/19/91 Lerch to Judge Spindler 362

i requesting hearing on Defendant Perry's Motion To

- I. Letter 3/25/91, Lerch to Judge Spindler 363

clearifying letter above

J. Letter 3/27/91, Lerch to Judge Spindler, 363

requesting hearing date

K. Letter 3/27/91, Lerch to Judge Spindler, 365

emergency hearing

L. Letter 3/27/91, Lerch to Perry response 366

to incomplete answers

M. Letter 8/14/90, Lerch to Perry response 367

to production

N. Letter 8/14/90, Lerch to Perry faulting 368-369

Perry but not truth

QO. Letter 9/25/90, Lerch to Perry, no 371

service for anyone else

P. Letter 11/6/90, Lerch to Perry, denies filings 372.

Q. Letter 11/14/90, Lerch to Perry, issue of 373-375

wrong court.

R. Letter 1/29/91. Lerch to Perry, answersto § 376

interrogatories by Curtis no sufficient.

S. Letter 2/21/91, Lerch to Perry, stating he 377-378

produced the answers

T. Letter 5/7/90, Perry to Judge Ryan, asking 379-380

why no injunction why no other protection has been

given under Perry requests.

U. Letter 2/15/91, Perry to Lerch, narrowing 381

evasiveness of Lerch

- 79, -

V. Letter 2/7/91, Attorney Groth to Perry 382

confirms two filings of unfair labor practices with the

labor board.

W. Letter 2/28/91, Perry to Dan Smart Union 383

Local 103 requesting a review of dispatches.

[- iv. -]

TABLE OF CONTENTS

EVIDENCE

TRANSCRIPTS OFPROCEEDINGS

VOLUME I. OF IV.

PAGE 249. THRU 499.

DOCUMENT: PAGE NO.:

28. The remainder of the hearing is dedicated 398-417

to the obstruction of justice through intimidation preventing

Perry from discovery p. 398, Ls 11-20 also p.400, Ls 1-11 also

p. 401, Ls 9 thru p.414,

With emphasis p. 415-416. This summerizes the need

for the Emergency Motion.

JULY 15, 1991 Hearing On Various Motions Page 417

1. Judge Spindler proceeds on to issue 426-427

summary judgment against Perry and placed an injunction on

Perry air he hed deen cureed-mcadiiieat Gt eeaatiieaaen.

p. 427, Ls 10-20, 426, Ls 17-25, p.427, Ls 1-7. Jurisdiction was

re-instated by Indiana Supreme Court by letter dated February

28, 1992,V. Il, p.639-641.

2. Judge Spindler brings in by reference 427

Federal Judges John Tinder and Brooks. p. 427, Ls 13-25.

3. Court mades references to two deaths 428

of witnesses p.428, Ls 18,19

4. Discussion that summary judgment and 431-432

- 80. -

motion for sanctions and Perry's Motion to Dismiss are yet

undecided and Perry wants the evidence he holds withheld

beyond the hearings for discovery reasons, p. 431, Ls 1- thru L

25 of p. 32. Perry wants to shield the evidence and conduct an

evidence hearing with the witnesses physically before the

Court.

5. Court points out to Lerch that he does no 433-435t

represent Fox Contractors p.433, Ls 13-24. Lerch tries to

dismiss the Perry vs. Fox case in Allen County, by motion

before Judge Spindler in Noble County. p.434, Ls 1-25, thru

p.436.

6. Objection stated against granting Plaintiff 438-439

Curtis's Motion To Dismiss, p.438,Ls 5 thru 25 all p.439.

7. Injunction is suggested by attorney Eilbacher, 439

against Perry p.439,Ls 11thru 20.

8. Attorney General, assistant Ms. Rodeheffer 439

states she has a Motion To Dismiss Pending. p.439, Ls 23-25

[- v. -]

TABLE OF CONTENTS

EVIDENCE

TRANSCRIPTS OF PROCEEDINGS

VOLUME I. OF IV.

PAGE 249. THRU 499.

DOCUMENT: © PAGE NO:

9. Rodeheffer, states Perry did not 440

exhaust his administrative remedies stating Perry did not follow

procedure with agency. p.440, Ls 3-17.

10. Perry states constitutional violations 440-441

based upon mis-applied law by Civil Rights Commission.

p.440, Ls 19-25, thru L 16, p.441.

- 81. -

11. Perry states objection to dismissal of 441

Civil Rights Commission p.441, Ls 18-20.

12. Court grants Civil Rights Commion and 441-442

members motion to dismiss p.441, Ls 21-25 thru L 2, p.442

13. Court grants various parties motions for 443

summary judgment, starting p.442, Ls 22-25 thru L 2, p. 443;

__ Perry objects to all summary judgments. p. 443,Ls 7-12

and re-enters his motion to dismiss for no jurisdiction. p.443,Ls

9-12

14. Court continues to grant summary 443

judgments to individual motions. Granted p.443, L 13; Perry

objection L 21.

15. Court grants Hawk summary judgment 444

and sanctions, p. 444, Ls 2,3,7 Perry objects. L 6.

16. Court grants Eilbacher motion for 444

summary judgment p.444 L 21, Perry's Objection L 16, part of

Perry's statement is omitted because the persons are named that

have not answered Perry's complaint

17. Attorney Walker motion for summary 445

Judgment p.445, L 11 Perry's objection L 10

18. Attorney Lerch and clients granted 445

summary judgment p.445, L 16. Perry Objects L 15

19. Dallas Day motion for summary 445

judgment granted p.445, L 23 Perry objects L 22

20. Attomey Rockwell motion for summary 446

Judgment granted p.446, L 8. Perry objects iL 5 Part of Perry's

TABLE OF CONTENTS

EVIDENCE

TRANSCRIPTS OF PROCEEDINGS

VOLUME U. OF IV.

PAGE 249. THRU 499,

DOCUMENT: PAGE NO.:

oh Crider & Crider motion for summary 446

judgment granted p.446, L 17. Perry objects L 16

22. Musser requested Motion To Dismiss 447

and requested that is be treated as Motion For

Judgment p.446, L 20 thru L 20 on p. 447. Perry states it

depends on which rule it's under. p.446, L 25 thru L 8 p.447

23. Perry motion to dismiss, motion for 450

sanctions motion for summary judgment considered p.450, L

17-21, Court denies all motions p.451 L 14,

24. Perry asked for his evidence hearing 451

p.450 L 22-24 thru L 4,p.451 Court denied hearing p.451, Ls

1-3.

25. Perry shows the Court they have not 453

addressed the first motion to dismiss p.453, Ls 14 - thru 454

all.

Again part of Perry's statements have been omitted by

reason that L 16 by Lerch is to a presentation by Perry not

shown in print.

The presentation would have been the jurisdictional issue.

26. Court denies Perry first motion to dismiss 454

with sanctions p.454, L 23

27. Consideration of hearing motion 458-460

for injunction against Perry

28. Court's opinion of Perry's case 461-462

p.461, L 5 thru L 7 p. 462 Perry states objection p.462, L 11

and tells the court it is wrong p.462, Ls 14,15

- 83. -

29. Court references Court Of Appeals 463

p.463, Ls 5-18

X

30. This part of the transcript is clearly not 463

part of this particular hearing and it appears to be a

combination of two or more hearings. The statement made

starting on p. 463, L 19 and running thru L 25, p. 464 took

place when no other party or attorney was present, only sheriff

deputies and court reporter.

It was part but not all that was said to Judge Spindler after

the asult and attempted murder of Perry by said deputies

consistent with the letter to county commissioner in V. III,

p.635-637.

[- vii. -]

TABLE OF CONTENTS

EVIDENCE

TRANSCRIPTS OF PROCEEDINGS

VOLUME IL. OF IV.

PAGE 249. THRU 499.

DOCUMENT: PAGE NO.:

31. The issue of Judge Spindlers recusal 466-468

is stated again on p.466, L 14 thru L 20 p.468

32. Clear and un-questioned reference to 470-472

Federal District Court Judge Tinder and his broad brush

any wrong doing. p. 470, L 2 thru p.472.

Hearing on Motion to Compe! and Motion for Sanctions

November 4, 1992 Page 473

1. Curtis v. Perry, Curtis represented by 474

Lerch requested the hearing Perry never showed. p.474,Ls 4-8

Oks

2. Lerch states he sent interrogatories to Perry 475

but Perry never responded p.475, Ls 2-8

3. Lerch seeks order to compel and 475

sanctions for travel. p.475,Ls 19-24

4. No conclusion of the hearing and no Judges certificate to the

hearing

Perry was not advised of.

Hearing on Pending Motions

April 30, 1997 Page 478

1. Perry makes clear that he wants the injunction 480

totally and permanently off. p.480, L 5-14. Reason prejudice

to cases when the injunction is needlessly filed such as

Eilbacher did. p.481, Ls 2,3

2. State Court Injunction prejudices any 480-505

case that Perry is brought into by any plaintiff for any reason

in any State Court case. That is Perry's argument through out

attached to a document is no evidence of prejudice.p.496, Ls

24 thru 7, p.497

[- viii. -

TABLE OF CONTENTS

EVIDENCE

TRANSCRIPTS OF PROCEEDINGS

VOLUME IL. OF IV.

PAGE 249. THRU 499.

DOCUMENT: PAGE NO.:

Hearing on Various Motions

February 25, 2000 Page 507

1. Hearing on Perry's Post Judgment 508

Motion For Relief From Judgment. Response by Attorney

- 85. -

General assistant Janice Kruesher requesting communication

telephonically. p.508, Ls 11-16.

2. Others who responded by request for non 508

participation were Hawk, Haynie and Gallmeyer p.508, Ls22-

24 Stephen Lewis of Haller & Colvin. p.509, Ls 3-4 Leon

Eilbacher. p.510, L 1.

3. Court acknowledges receipt of filing 511

of Petition For Mandamus, Prohibition. p. 511,Ls 9-14.

4. Perry's objection to the appointment 514

of Special Judge J. Scott VanDerbeck to replace Judge

Spindler is dismissed without comment. 514, Ls 2-7

5. Perry states conditions in Clerk's office 515-516

citing listings on the docket that were not in the file and

documents in the file that were not on the docket and the first

document Perry had filed, an objection, was not in the file. p.

515, L 3, thru L 20 p.516. Jurisdiction of Allen Circuit Court

was the issue.

6. Continued discussion on record parts 516-520

letnal , abe

7. Judge tells Perry that a concent to 522

judgment cured a lot of potential problems. p.522, Ls 11-24

8. Perry states that except when concent ; 523-524

to judgment is forced. p.523, Ls 1 thru 4, p.524.

9. Judge states basic objection is to the 524

injunction. p.524, Ls 17-18

10 Perry, "I indicated to you uh, the agreed 524

entry was signed under duress" p. 524, Ls 19-21 Perry states

the judgment was already awarded by the Judge before he

signed the agreed judgment. p.524, Ls 19-25

[- ix. -]

. 2

TABLE OF CONTENTS

EVIDENCE

TRANSCRIPTS OF PROCEEDINGS

VOLUME II. OF IV.

PAGE 249. THRU 499.

DOCUMENT: PAGE NO.:

11. Perry states that the Judge made a ruling 525

on questions of fact which is reserved for the jury. p.525, Ls 5-

25

12. Perry states that cross-claim was granted 526

before agreed entry was signed. p.526, Ls 5-7

13. Perry states case was in wrong Court and 526

the missing objection states that fact. p.526, Ls 11-21

14. Perry states Allen County case was forced 526-527

to be dismissed because of threats of contempt charges. p.526,

Ls 21 thru 13 p.527

15. Judge questions why no appeal on the 527

judgments or the injunction p. 527, Ls 14-19

Perry's response is that you don't do those things when

people are trying to kill you. p. 527, Ls 20-25

16. Perry states his willingness to walk away 528-529

ss so ry Sallam

disrupting everything. p. 528, ALL

Further stated thru 529 to L 20 p.530

17. Judge gives oath to Perry with opening 530

statement deemed truth and is evidence. p.530, Ls 21-25. Oath

given p.531, Ls 8-15.

[-x. -]

TABLE OF CONTENTS

EVIDENCE

VOLUME Ill. OF IV.

PAGE 534. THRU 672.

CONTAINS RECORD PARTS AS EVIDENCE OF

TAMPERING

OBSTRUCTION OF JUSTICE AND ATTEMPTED MURDER

DOCUMENT: PAGE NO.:

1. Letter to Clerk, dated January 14, 2000 535.- 537

Clerk did not include in praecipe as requested.

Letter came with other documents packaged in an

envelope all of which are water damaged. Parts are those to

Supreme Court for Petition For Writ but she never produced

them.

2. Docket sheet of this case record also damaged, 538.- 575

and in a like condition and purpose as above.

3. Curtis Complaint. 576.- 577

Claim for intentional tort. (water damaged)

4. Defendant Perry's Cross-Complaint 578.- 589

R . . of . * li . in fi I

579

" Request for disciplinary proceedings in last paragraph

589.

Complains of obstruction of justice in each count.

579.- 589.

Cites Indiana Civil Rights Commission with 581 - 582

alteration of their findings after review. (water damaged)

5. Defendant Perry's Motion To Dismiss pursuant 590.- 611

to Trial Rule 12(B) .

Raises issue of no jurisdiction in parg. 1. page 590

Doctrine of latches as bar paragraph 2. page 591

Affirmative Defenses, self defense, paragraphs 592

4. & 5. page :

- 88. -

Perry vs. Fox et al., complaint is attached as 594.-611

an exhibit (all are water damaged)

6. Demand For Trail By Jury, by Perry (water damaged) 612

7. Motion To Dismiss of Defendant Moellering 613

Construction Co., Inc. Bases for motion, Lack Of Subject

Matter Jurisdiction

8. Verified Application For Permanent Injunction 614.- 634

by Ejilbacher

Federal Order of the injunction attached 620.- 627

Federal Injunction attached 628.- 632

Seventh Circuit Order attached (water damaged) 633-634

9. Letter to Noble County Commissioners stating 635.-637

attempted murder by the Noble County Sheriff Deputies

ordered by Judge Spindler

10. Certificate of service to above letter. 638.

[- i. -]

TABLE OF CONTENTS

EVIDENCE

VOLUME Ill. OF IV.

PAGE 534. THRU 672.

CONTAINS RECORD PARTS AS EVIDENCE OF

TAMPERING

OBSTRUCTION OF JUSTICE AND ATTEMPTED MURDER

DOCUMENT: PAGE NO.:

11. Order from Supreme Court Of Indiana to 639.- 641

Resume Jurisdiction, dated February 28, 1992 and filed March

3, 1992

Perry moved to disqualify 466. Vol. II, Ls 12-24

Judge Spindler for extra judicial contact, cited in July 15,

1991 hearing.

-89. -

Letter to commissioners (above), Hearing date and Order

dates don't match.

12. Findings of Fact, Conclusions of 642.-643

Law and Judgment No laws were cited; no facts decided

by a jury.

13. Defendant Perry's Request For 644.-663

Emergency Hearing April 9, 1997

The injunctions were being used to influence other Courts

to gain judgments on bogus claims. Caused Perry a loss of

about $22 million over 4 years and put him on the street.

14. Proposed Order to Emergency Hearing above 664.

15. Response To Filings of Lloyd G. Perry 665.-666

by Eilbacher, April 10, 1997 He states his objection and

desire to keep the injunction on.

16. Defendant Lloyd G. Perry's Objection 667.-672

To C- Defendant Leonard Eilbacher's Letter and Response.

17. Original certificate of the Noble Superior Court Clerk. also

at 248.

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF INDIANA

EVANSVILLE DIVISION |

LLOYD G. PERRY,

Plaintiff. ’

)

vs. ) EV 88-24C

)

LINDA K. BARNARD, et al., )

Defendants.

P PERRY

Lloyd G. Perry is hereby permanently ENJOINED from

filing (or having filed on his behalf) in any federal district court

without leave of that court, any lawsuit arising out of or related to

Perry v. Gresk, No. EV 84-174-C (S.D. Ind. February 21, 1986)

(unreported), aff'd, No. 86 1765 (7th Cir. November 21, 1986)

(unreported), as well as this cause of action.

Specifically, Perry is permanently ENJOINED from filing

(or having filed on his behalf) in any federal district court without

leave of that court, any lawsuit against one or more of the

following parties who were named as defendants in either Perry

v. Gresk or Perry v. Barnard:

US. DISTRICT COURT

SOUTHERN DISTRICT OF INDIANA

CERTIFIED:

A TRUE COPY

91.

William C. Welborn

Georgia Surety Company

C. Lawrence Jewett

Phillip C. Moulthorop

American Druggists' Insurancy Company

Insurance Company of North America

Lamar Street

Roger H. West

Kelco of Indiana, Inc.

Kelco Inc.

Tri-State Reclamation, Inc.

Roger S. Curry

Lee Ringman

Jasper State Bank

German American Bank

James DeMotte

David Hubster

Jasper Engine & Transmission, Inc.,

James J. Hartz

State of Indiana, Division of Reclamation of the Indiana

Department of Natural Resources

James McDonald, Jr.James Puckett

Wesley W. Ratliff, Jr.

Itsia Rivera

Sarah B. Davies

92.

eh gn ietat is 8 3 i 22 ’

LEA IDES ANI OLA IG PAE TE HI

2s PP Saeed

Bruce Kotzan

Hansford Mann

James T. Neal

C. Corydon Randall

Randal T. Shepard

Thomas H. Singer

Howard S. Young, Jr.

Rabb Emison

Russ Hart

Perry is also permanently ENJOINED from filing (or

having filed on his behalf) in any federal district court without

leave of that court, any lawsuit arising out of or related to any

issue of issues in Perry v. gresk, which was a complaint under 42

U.S.C. § 1983 and § 1985 with pendent state claims against

various attorneys, parties and witnesses who were involved in

previous lawsuits with Perry; and any lawsuit arising out of or

related to any issue or issues in Perry v. Barnard, which was a

complaint under 42 U.S.C. § 1983 against those defendants for

failing to act on his requests for disciplinary action against

various attomeys and judges who were also involved in previous

lawsuits with Perry. |

The following procedures are to be followed in order to

comply with this injunction. In seeking leave to file a complaint

concerning the above--stated matters, in this or any other federal

district court, Perry (or anyone else acting in his behalf) must file

with the complaint a motion captioned "Motion pursuant to

Court Order Seeking Leave to File." The following documents

must be attached to that motion: 1) a copy of this order and the

accompanying entry and judgment; 2) a swom affidavit

certifying that the claims that he wishes to present are new claims

never before raised by him in any state or federal court; 3) a list

of the full captions of each and every suit previously filed by him

or on his behalf against each and every defendant; 4) a copy of

each such complaint and a certified record of its disposition. A

copy of this order must be served on each defendant when and if

leave to file the new case is granted. Any such action that Perry,

or anyone acting on his behalf, seeks to file in any federal district

court will not be file marked until the judge of that court grants

Perry or anyone acting on his behalf leave to file.

Upon failure to comply with any of the terms of this

injunction, Perry may be found in contempt of this court and

93.

punished accordingly. Any defendant in any federal court suit

who believes that Perry has failed to comply with the terms of

this injunction may file an affidavit to that effect with the Clerk of

the court, Southern District of Indiana, Evansville Division, under

the EV 88-24-C docket number.

Nothing in this order shall be construed as affecting

Perry's ability to defend himself in any criminal action. Nothing

in this order shall be construed to deny Perry access to the federal

courts through the filing of a petition for a writ of habeas corpus

or other extraordinary writ. Nothing im this order shall be

construed as denying Perry access to the United States Court of

Appeals. |

IT IS SO ORDERED this 26th day of September 1989.

John Daniel Tinder, Judge

United States District Court

copies to;

Lloyd G. Perry

7999 Meadow Lane

Newburgh, IN. 47630

Robert Spear

Deputy Attorney General

Office of the Attorney General

Room 219, State House

Indianapolis, IN 46204

Ted Lockyear

Lockyear & Lockyear

555 Sycamore Street

P.O. Box 3515

Evansville, IN 47734-3515

94.

State Of Indiana ) IN THE NOBLE SUPERIOR COURT

) SS:

-County Of Noble )

)

)

Marvin R. Curtis )

Plaintiff )

)

vs. ) CAUSE NO. 57D01-9006-CT-018

)

Lloyd G. Perry, )

Defendant )

& Cross-Plaintiff, )

)

)

VS. ) FILED

) Aug 02 1991

Marvin R. Curtis ) "s/ .

CLERK NOBLE SUPERIOR COURT

together with all other herein listed )

defendants of the original case of _)

Perry v. Fox, et al., of the Allen )

Circuit Court under Cause No. )

02C01-8908-CT-93 and as follows: )

FOX CONTRACTORS, INC.,

DALLAS DAY, BOB BAKER,

RON CUMMER,

ALVEY LARAMEN, CLIFFORD

LYNN, RANDY BECKTEL,

DALE KIRKENDAU,

MOELLERING CONSTRUCTION,

Inc., SCOTT HEIL, CHARLES

ACHESON, NED SCHULTZ,

MILLER BROTHERS

CONSTRUCTION, Inc.,

BERNIE , of

Miller Bros., DENNEY .

of Miller Bros., Inc.,

JOHNSON of Miller Bros., Inc.

CHARLES CHRISTMAN Jr.,

) oe te ee ee

95.

CRIDER & CRIDER

EXCAVATING AND PAVING,

WAYNE PANCAKE, PAUL

GRIMM, DICK YEARLING,

S.E. JOHNSON COMPANIES,

Inc., HERB WIEDNER, DAVE

DAY, INTERNATIONAL UNION

OF OPERATING ENGS. LOCAL

#103, DAN SMART, KENNETH

JOHNSON, MIKE WALL, &

New Defendants Under The

Conspiracy Theory:

STEPHEN J. LERCH and LEVINE

& LERCH FIRM, STEPHEN J.

LEWIS and HALLER and COLVIN

FIRM, KAREN WALKER and

LEBAMOFF FIRM, DAVID K.

HAWK and HAWK, HAYNIE,

GALLMEYER FIRM,

DENNERLINE, GROTH & BAIRD

FIRM, SCOTT NIEMANN, and

ROTHBERG, GALLMEYER,

FRUECHTENICHT & LOGAN

FIRM, LEONARD E. EILBACHER ,

also SCOTT L. BUNNELL, and

HUNT, SUEDHOFF, BORROR &

EILBACHER, BOBBY POTTERS

of 1.C.R.C., and KAREN

FREEMAN of LC.R.C.

ee ee it ee he ee ee ee ee eee ee

The defendants, J.E. Crider & Sons, denominated "Crider

& Crider Excavating and Paving," and other cross-defendants,

having filed herein their verified application for permanent

injunction and, to the extent that any cross-defendant has not

joined im such application, the Court sua sponte now deems each

of said parties as applicants, and orders, as follows:

96.

1. Lloyd G. Perry ("Perry") is hereby permanently

enjoined from filing in any court in the State of Indiana any

lawsuit arising out of or related to Perry vs. Fox Contractors, Inc.,

et al., Allen Circuit Court, Cause No. 02C01-8908-CT-93, and to

this action.

2. Perry is permanently enjoined from filing, or

having filed on his behalf, in any court of the State of Indiana

without leave of that court, any lawsuit against any one or more

of the following serait who were named as defendants 3 in either

Thomas L. Ryan, Judge of the Allen Circuit Court;

Fox Contractors Inc., its officers, directors, or agents;

Dallas Day;

Bob Baker;

Miller Brothers Construction, Inc., its officers, directors, or

agents;

Bernard Nartker;

Denny Warner;

Charles Christman, Jr.,;

Crider & Crider Excavating & Paving, its officers, directors

or agents;

Wayne Pancake;

Paul Grimm;

Richard Yearling;

S.E. Johnson Companies, Inc., its officers, directors or agents;

Herbert Widener :

David Day;

Local Union No. 103, International Union of Operating

97.

Engineers ("Local 103"), its officers, directors or agents;

Stanley A. Levine;

Levine & Lerch, Attorneys at Law;

Stephen E. Lewis;

Cynthia Rockwell;

Haller & Colvin, Attorneys at Law;

Karen S. Walker;

Thomas P. Boyer;

Lebamoff Law Offices;

David K. Hawk;

Hawk, Haynie & Gallmeyer, Attorneys at Law;

William R. Groth;

Fillenwarth, Dennerline, Groth & Baird, Attorneys at Law;

Scott T. Niemann; E

Rothberg, Gallmeyer, Fruechtenicht & Logan, Attorneys at

Law;

Leonard E. Eilbacher;

Haller and Colvin Firm;

Karen Walker and Lebamoff firm;

David K. Hawk and Hawk , Haynie, Gallmeyer Firm;

William T. Groth and Fillenwarth, Dennerline, Groth &

Baird Firm, Scott Niemann and Rothberg Gallmeyer,

Fruechtenicht & Logan Firm,

Leonard E. Eilbacher;

Scott L. Bunnell;

Hunt, Suedhoff, Borror & Eilbacher, Attorneys at Law;

Daniel Leininger;

J. Philip Burt;

Burt, Blee, Dixon & Sutton, Attorneys at Law;

Bobby Potters;

Charles Johnson;

Karen Freeman; and

Kirk Knoll, Deputy Attorney General.

3. Perry is permanently enjoined from filing, or

having filed on his behalf in any court of the State of Indiana

without leave of that court, any lawsuit arising out of or related to

any issue or issues in Perry vs. Fox Contractors, Inc.., et al., or the

purported cross-claim of Perry in this legal action.

4. Perry is permanently enjoined from causing any

subpoena to issue by any clerk of a court of the State of Indiana

against any of the aforesaid organizations, their officers and

directors, or any aforesaid persons, judicial officers, or members

of any law firm, without following the procedures set forth

below, which are necessary to comply with this injunction.

5. The following procedures are to be followed in

order to comply with this injunction. In seeking leave to file a

complaint concerning the above-stated matters, in this or any

other court of the State of Indiana, Perry (or anyone else acting

in his behalf) must file with the complaint a motion captioned

"Motion Pursuant to Court Order Seeking Leave to File." The

following documents must be attached to that motion: (1) a copy

of this order and the accompanying findings of fact, conclusions

of law, and judgment; (2) a sworn affidavit certifying that the

claims that he wishes to present are new claims never before

raised by him in any state or federal court; (3) a list of the full

captions of each and every suit previously filed by him or on his

behalf against each and every proposed defendant; (4) a copy of

each such complaint and a certified record of its disposition. A

copy of this order must be served on each defendant when and if

leave to file the new case is granted. Any such action that Perry

or anyone acting on his behalf seeks to file in any court of the

State of Indiana will-not be file marked until the judge of that

court grants Perry or anyone acting on his behalf leave to file.

6. Similarly, Perry shall not cause a subpoena to be

issued for any of the organizations or persons listed in paragraph

2 above, without express leave of the presiding judge of that

court, and only after filing with such court a copy of this order

and bringing the same to the attention of the presiding judge.

99.

7. Upon failure to comply with any of the terms of

this injunction, Perry may be found in contempt of this court and

punished accordingly. Any defendant in any court of the State of

Indiana who believes that Perry has failed to comply with the

terms of this injunction may file an affidavit to that effect with the

Clerk of the Noble Superior Court, in Cause No. 57D01-9006-

CT-018.

8. Nothing in this order shall be construed as affecting

Perry's right of appeal herein, his ability to defend himself in any

criminal action, or to deny his access to the Court of Appeal or

the Supreme Court of Indiana for any purpose.

IT IS SO ORDERED this__6 day of August, 1991.

Stephen Spindler, Judge

Noble Superior Court

STATE OF INDIANA

SEAL

NOBLE COUNTY COURTS

I, Diann Bortner,Clerk of Noble County Courts

hereby certify that the foregoing is a true and

correct copy of the original on file in this office.

IN WITNESS WHEREOF, I hereunto subscribe

my name and affix the seal of the Noble Cournt

Court.

~~ tenon decree geared

Diann Bortner, Clerk, Noble County Courts

By: "s/ ", Deputy

100.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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