STATE OF INDIANA ) IN THE ELKHART SUPERIOR COURT NO. 5
) SS:
ELKHART COUNTY ) CAUSE NO. 20D050010DR640
IN RE THE MARRIAGE OF: )
)
ALISON GRATZOL, )
PETITIONER )
)
V. )
)
AMIR H. SANJARI, )
RESPONDENT ) MOTION FOR CERTIFICATION OF INTERLOCUTORY APPEAL
MOTION FOR CERTIFICATION OF INTERLOCUTORY APPEAL TO:
REVOKE [06.06.2003] ORDER DENYING EARLIER PETITIONS AND MOTIONS;
AND
RE-CONSTITUTE THE VALIDITY OF, AND TRANSFER THE PETITIONS AND MOTIONS TO THE NEW VENUE
COMES NOW, the Respondent/Father, Amir H. Sanjari, say:
That, he is respondent in the above-entitled cause of action.
1. That, the hearing for this case, set for February 12 & 13, 2003, was unduly cancelled,
2. That, the Respondent/Father has filed many Petitions/Motions since August 2002 which have been illegally and prejudicially (please see earlier Motions/Petitions filed) ignored, some for months, (or denied) by Judge Cook,
3. That, in the knowledge of Judge Cook’s intention and pending request to be recused from the case, the Respondent/Father filed a Motion on 06.04.2003, requesting the Court “Carry Over / Transfer the Respondent/Father’s Pending Motions / Petitions to the New Venue” with a copy faxed directly to Judge Cook’s office on the same date (06.04.2003),
4. That, Judge Cook filed a request on 06.06.2003, to the Indiana Supreme Court to be recused from the case. Accompanying that request, also dated 06.06.2003, was an Order (please see enclosed copy) that “…summarily DENIES any and all Motions that are currently pending…”,
5. That, the denial Order of 06.06.2003 is negligent and detrimental to the psychological and physical safety and well-being of the minor children involved. Consideration for the latter has been consistently lacking in this Court’s proceedings and judgments.
Moreover, the denial Order is a further indication of the discriminatory way the Respondent/Father has been treated by the Court in this case, and it affects the Respondent/Father (Pro Se) prejudicially, placing undue burden (temporal, financial, …) upon him to refile all the relevant Motions/Petitions.
Therefore, in accordance with Rule 14. Interlocutory Appeals – Rules of Appellate Procedure- Indiana Rules of Court, as well as any other appropriate Codes, the Respondent/Father requests that the Court certify this Motion for appeal to the Court of Appeals so that the denial Order of 06.06.2003, be revoked and declared invalid, and any and all of the Respondent/Father’s Motions / Petitions be declared valid and be transferred to the new venue for proper and impartial hearing.
WHEREFORE, the Respondent/Father, Amir H. Sanjari, requests the Court,
in accordance with Rule 14. Interlocutory Appeals – Rules of Appellate Procedure- Indiana Rules of Court, and other appropriate Codes, certify this Motion for appeal to the Court of Appeals in order to:
- revoke the denial Order of 06.06.2003, and declare valid any and all of the
Motions/Petitions filed by the Respondent/Father,
- transfer, any and all of the Respondent/Father’s Motions / Petitions since August 2002
to the new venue for proper and impartial hearing.
I affirm under the pains and penalties for perjury that the above and foregoing representations are true.
______
Amir H. Sanjari, Respondent (Pro Se)
206 Berkley Manor Drive
Cranberry
Pennsylvania 16066
Ph: (724) 741 0678
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the above and foregoing document was served upon the following:
Max K. Walker, Jr., Attorney at Law
131 East Franklin Street, Suite 12, Elkhart, IN 46516
By Fax and/or United States Mail postage prepaid on this _28th_day of _June_, 2003.