HomeMy WebLinkAbout03-1921IN THE COURT OF ODMMON PI.WAS OF CUMBERLAND COUNTY PA.
Civil Action - Law
Derrick R. Coombs
Petitioner
Vs.
Ray F. Gricar
Centre Co. D.A.
C.C.P. Centre Co.
Respondents and; )
Donald Kelchner; Warden )
SCI Camp Hill. )
Nominal respondent as )
Mere Custodianof body; )
No.
(To be supplied)
PETITION FOR 14RIT OF HABKAS CORPUS
ASTACKING CONDITIONS OF CONFINEMENT
AND MOTIONTO STRIKE bKILLANDVOID ~3DGMENT
To; The Honorable Judges of This Honorable Court; ~- ~o~. ~JJ/~ OI~ ~cl ~,'~B~
OOMES NOW: Petitioner and prays this Honorable Court for a writ of Habeas Corpus
to issue and evidentiary hearing be had based on, petitioners conditions of confinement
in that; Petitioner is imprisoned under VOID judgment of respondent Court, and D.A.
and has been and is being held in willful false imprisonment by same by persistent
pattern of criminal official oppression, perjury, fraud, and obstruction of justice;
Preventing petitioner frc~ proving his case or obtaining any just and equitable remedy
at law; Petitioner has been repeatedly denied due process and equal protection of
law by said D.A. and County Court and is andhas been repeatedly subjected to criminal
abuse by same without authority or personal or subject matter jurisdiction. Such
illegal conditions of confinement are not imposed on other prisoners, and are cruel
and unusual punishment, beyond scope of any law.
STA~ OF JURISDICTION:
This Honorable Court has Jurisdiction pursuant to Pa. Rules of Crim. Procedure
Rule 108(b); (Former Rule 1701(b) Conditions of confinement. To Grant and Hear Habeas
Corpus petition in this matter, to take and rec. evidence, and grant relief from such
illegal and Unconstitutional conditions of confinement.
THIS COURT HAS JURISDICTION TO STRIKE VOID ~ OF CENTRE CO. COURT:
"Motion to strike judgment may be brought at ANY time in ANY Court."
MEI~MSV. BOYLE 637 A.2d 630
"Habeas Corpus lies to test proceedings so fundamentally lawless that imprisonment
pursuant to them is not merely erroneous but void." FAY V. NOIA 83 S.Ct. 822
Pa. Law holds; "VOID Judgment may be attacked at any time in ANY Court" BROKANS V.
~R~ICK 569 A.2d 1373; FLYNN V. CASA DiBERTACHI CORP. 674 A.2d 1099.
FLYNNr id; also defines what is a void judgment.
"Judgment or decree rendered by Court which lacks jurisdiction of subject matter or
person is null and VOID and is subject to attack by parties in same court or may be
colatteraly attacked at any time. DeCOATSOWRTH V. JONES 607 A.2d 1094
AN EXCEPTION TO: ~ G~NERAL RULE THAT:
"Habeas Corpus is not a substitute for appellate review EXIST~ IF: it appears
the prisoner was denied due process." COM. EX. REL. TY,~DN V. MYERS 1 86 A.2d 458
That the acts of Centre CO. Court are null and void is unquestionable;
"When Court takes action beyond the po~wer conferred on it by law (it's
jurisdiction) it's actions are a NULLITY and objections to it cannot be waived by
consent or otherwise." COM. V. BOERNER 442 A.2d 583 DUBREY V. IZZAGUIRE 685 A.2d
1391
A hearing on this matter is mandatory;
"There is no provision made for disposition of writ of Habeas Corpus without
a hearing." COM. V. LANTZY 712 A.2d 288 at 300
That should suffice to confer Jurisdiction and authority upon this Honorable
Court to act in full in this matter.
PETITION AND FACTS IN SUPPORT OF HABEAS CORPUS:
I. NO PERSONAL JURISDICTION:
1. Petitioner was extradited into this Com. by Centre Co. Court, D.A. and Police
by sames willful submission of knowingly false and perjurous affidavits to Pa. and
Conn. Governors to illegally con same into issuing warrant falsely arresting me and
ordering my extradition. Submitted, in act of perjury and mail fraud were;
A. Perjurous affidavit of probable cause.
B. Perjurous affidavit (sworn and notarized) swearing what I was beingarrested
and extradited for; duly sworn uD~erpenalty of law.
Putting it succinctly "Warrant procured by perjury is a nullity." PETILLO V.
STATE OFNEWJERSEY 400 F. Supp 1152 N.19 Citing FRANKS --U.S.-- omitted
2. My presence in this Com. being obtained by willful perjury and fraud no lawful
personal jurisdiction of this Com. or Centre Co. Court exists over my person, brought
hereby criminal fraud andperjury.
3. Saidperjurous documents were witnessed and vouched for by Centre Co. president
judge. Who has sought at all time to fix this case, ignore, avoid, and cover this
fraud and perjury up, by more perjury fraud and obstruction of justice.
4. The nature of which serves to render petitioner's (X~~ of confinement
exactly as stated; Petitioner is being held in illegal state of false imprisonment
and official oppression by actors of Said Co. Court..
All due and irrefutable proof of these matters will be fully presented at hearing.
I am aware of my burden of proof and can and will meet same.
NO SUBJEC~ MATI~-~ JURISDICTION:
II.
5. Petitioner was charged, extradited and~ prosecuted for ~NOWINGLY false and
inapplicable by law charges in complete act of lawlessness by said Ct. NO Court has
subject matter jurisdiction over known perjury, fraud, and non-criminal acts.
6. D.A. Gricar did swear under penalty of law "petitioner was .being extradited
for one count of "rape" by way of duly sworn affidavit sent to our Governors. D.A.
Gricar did HIDE this sworn document and charge petitioner by fraud with TWO "counts
of alleged "rape" based on only ONE alleged act. Petitioner was AOQUITT~)
by Jury of the "One count" said actor ~erjurously swore to, and illegally convicted
of "count two" outside scope of subject matter as duly sworn to. D.A. Gricar did then
continue to hide said sworn document and allow petitioner to be sentenced w/o
jurisdiction after petitioner was duly acquitted of his "One count" he perjurously
swore to. Not only did that Ct. have no authority beyond what they duly swore to;
but they had and have no authority nor imunity from this blatant act of perjury
committed upon Governors office.
7. I rec. his sworn document only after my illegal trial and then only by
petitioning Governor of Conn. to get it.
S. Once more I am being and have been repeatedly obstructed and officially oppressed
by said County Court in everything I have tried to do obtain fair hearing or justice
on this mans perjury and fraud and my false imprisonment with no jurisdiction as result
of this actors crimes; and have been officially oppressed obstructed, and defrauded
in all I have tried to do; rendering my conditions of confinement such as I am merely
being held in a state of official oppression by said Court and actors.
9. And again, I have irrefutable proof of these matters and will submit all such
at hearing as required, and requested.
10. Petitioner was charged with "Rape" and "indecent assault" in direct violation
of law at time of this alleged crime; Pa. law; 18 PA. C.S.A.~3103 at time PRf~IB~
arrest or prosecution of couples having marital relations and co-habitating for any
sort of "sexual offense" whatsoever Said Centre Co. Court and actors thereof did
willfully deny me equal protection of this law, and act outside of law by maliciously
prosecuting me for these charges without any subject matter jurisdiction over acts
THE LAW clearly DID NOT MAKE CRL~INAL. Said Court has corruptly resorted to endless
stream of perjury and fraud to illegally convict me of such NON CRIMINAL offense,
and obstruct everything I try to do to expose or correct their blatant perjury and
fraud, ignore all I say, au~] prove, cover it up, obstruct justice, deny me equal
protection of law, and hold me in a (I]~)ITION of willful false imprisonment by keeping
me in (I~H)ITION of unlawful official oppression by constant fraud and obstruction
of justice, and blatant lawlesness of that ENTIRE court. There exists no legal cause
for my imprisonment here whatsoever. Same is a void nullity.
11. This NON CRIMINAL ACT, along with "crime" manufactured by blatant (I have proof)
perjury of police, and Co. Prosecutors perjurous affidavit supra, formed the basis
of my extradition here; There exists NO SUBJECT ~ JURISDIC~fION over a NON OFFENSE
AND WIT.LWUL CORRUPT PERJURY AND FRAUD and personal jurisdiction of my person cannot
be lawfully acquired by such fraud and malicious abuse of process for a non offense
and knowingly false charges. Yet I am being held in condition of willful false
imprisonment and being prevented from proving and being fairly and honestly heard
on this by constant (I~)ITIC~ of official oppression I am kept in by said corrupt
Court, and actors thereof, including thier judges who wilfully and maliciously did
this, and have stopped at nothing to oppress me and cover this up.
12. "If this contention is taken as true Davis's prosecution is for an act the law
did not make criminal. There can BE NO DOUBT such a scenario is inherently a
fundamental miscarriage of justice." DAVIS V. UNITED STATES 94 S.Ct. 2305 c.f. JONES
V. STATE OF ARK. 929 F.2d 375 (same)
Such a "Judgment" is a VOID NULLITY; and is entitled to no legal force or effect,
or respect DeCoatsworth supra: and upon hearing and proof being presented this Hon.
Court is mandated to strike and set aside such void judgment. Cases supra, c.f. 28
U.S.C.~2255 "If Ct. finds judgment entered w/o jurisdiction it SHAT. T, set such judgment
aside., and discharge., the prisoner.
The word "Shall" is mandatory word of command; ALABAMA V. BOZEMEN 121 S.Ct. 2079
and not subject of discretion and likewise a petition to strike judgment does not
involve discretion of the Court. Miadletown Twsp. V. Fried and Gerber Inc. 454 A.2d
71 it is maD~atory upon showing the judgment is void viz;
"Judgment is void on it's face if one or more of the three jurisdictional elements
are found absent. Jurisdiction of parties, Jurisdiction of subject matter OR
power or authority to render particular judgment. FLYN V. CASA DiBERTACCHI CO.
674 A. 2d 1099.
These showings will .be made during course of Habeas hearing on my condition of
official oppression I am being kept in by that Co. Court.
His Honor knows multiple Statutes, Rules, etc. state and federal, mandate
dismissal upon showing of lack of sucject matter jurisdiction, I won't overburden
the Hon. Ct. with litany of citations.
III.
DENIAL OF ACCESS TO COURTS: OBSTRUCTING JUSTICE:
13. The U.S. Constitution guarantees all prisoners the right to meaningful adequate
and effective access to Courts; BOUNDS V. S~ITH 430 U.S. 817 et.al. Our Pa. Courts
hold that denial of same is actionable by Habeas Corpus Conditions of confinement
petition. BALSAMO V. MAZURKIEWICZ (Pa. Super; cite omitted) further the U.S. Supreme
Court clearly holds in Habeas Actions "claims should be allowed to proceed upon showing
of "Interference with/ obstruction of appeal rights by officials." MURRAY V. CARRIER
477 U.S. at 488; and that is precisely what we have here.
The officials obstructing justice in this matter are however COURT officials
including Judges. They are personally involved in this illegal matter and have stopped
at nothing to officially oppress me, and I have no remedy at law in that Ct. against
them as agreed by U.S.S. Ct.;
"No man can be a judge in his own case and no man is permitted to try (or hear)
cases in which he has interest in the outcome." IAI _RE F~3RC~INSON 75 S.Ct. 623.
Pretty simply; Judge is not going to find himself guilty of crimes or for that
matter admit to them. I have given them every courtesy and opportunity to say, call
their crimes "Mistakes" and correct them; as they refuse to do that either we have
only law left. And. they dont have jurisdiction to judge themselves. Murchinson; Id.
14. Their crimes against myself, and my rights have no end; among their crimes
against me/my rights are;
A. Repeated violation of obstructing law/ Govt. function 18 Pa. C.S.A.§1501; and
Fed. 18 U.S.C.~1503; by; refusal to produce records needed to prove my case on appeal
to obstruct judicial process deprive me of Const. rights w/o authority to do so;c.f.
18 Pa. C.S.A.~official oppression statute and 18 U.S.C.§241, 242 to wit;
All records vital to my proving my case have been repeatedly refused to be
produce~ by that court for appeal. Including many transcripts, needed police reports
prior briefs filed, alleged victL~s psychiatric records.. These were ordered for;
Direct appeal, Habeas Appeal, "PCRA" appeal, at all times my requests for the
preparation and production of these records and placing of same in certified record
have been simply ignored, and my written objections to their lack of production also
ignored. Leaving me officially oppressed and unable to prove my case in any appellate
Court. "Due proces requires an appeal that is both meaningful and effective" EVITTS
V. LUCEY 105 S.Ct. 830 a right encompassed by the right to meaningful adequate and
EFFECT~ access to Courts.
B. Felony falsification of transcripts; They falsified my trial transcript to
delete all vital issues as raised in Post Trial Motions. Under Pa. Law, the Court
Reporters TAPES are public property; acessible by any citizen of the Com. PA. RULES
OF JUD. ADM. C~. REPORTING: TRANSCRIPTS: RULE 5000.13; _w~ny people including two
Atty. 's have asked for these tapes to listen to and correct said falsified scripts.
That CO. Court refuses to produce them; period.
I just had hearing I F(~JG~T SEV~ YEARS TO GET; They falsified that script also;
have refused to produce the tapes or give me any hearing on this, have completely
ignored my written objections and Pa. R.A.P. in the matter which provides in mandatory
language the Court SHALL order said record to conform to TRUTH. I had witnesses come
and take notes even; after I was denied to make my own private recording of hearing.
They refuse to hear this falsified my script and have sent this perjurous fraud
through U.S. mail with intent to obstruct justice to; officially oppress me. Again.
And once again have totally ignored my official written order for transcripts
records etc. producing ONLY what "they want to produce" to obstruct justice and prevent
me from making my case.
C. Constant writing of perjurous and fraudulent "opinions"; Is said well enough
right there. They have repeatedly written perjurous and fraudulent opinions to point
of actually telling Pa. S.Ct. one petition I was trying to appeal "Does not exist"
when I I~AVE 0FFI_CI~AL ~'~',~J ~ FRf~ ~ARING ON IT. ! And Jud~ Order denyin~
it. Habeas pet. for appointment of counsel for sentencing. They denied this lied about
it and "sentenced. me to void sentence w/ NO Atty. Correct. That is only one example.
I have multiple istances of fraudulent opinions wriotten by them to willfully obstruct
justice deprive me of my rights and keep me in O0~)ITION of official oppression under
VOID and NULL "Judgment".
"If accused is not represented by counsel and has not knowingly and intelligently
waived assistance of counsel JURISDICI~ON ~F ~E ~ IS ~ Judgement of
conviction is VOID and release may be had by Habeas Corpus; JOHNSON V. Z~RBST
58 S.Ct. omitted.
15. The repeated and persistent criminal acts of that County Court and it's officials
have denied ms meaningful access to Courts.
Their personal involvement in my willful false and void imprisonment; combined
with their ignoring and avoiding covering up lying about, or obstructing anything
I send T~EM: also denies me any meaningful access to Courts.
I filed "PCRA" in that Co. they "denied it" and NEV~ ~ ME ANY ~. With
intent to obstruct justice and deny me access to Courts and prevent me appealing
anything. I filed §1983 federal lawsuit and, PRISON"S official "Legal mail logbook"
through discovery that affirmatively PROVES I never got any such "order" and despite
my. PROVING this, they continue to try to say "I can't appeal" or use "PCRA" because
"I filed "PCRA" before and did not appeal." I cannot "appeal" what I never got! ! !
They ignore this, and persist in their fraud.
16. Perjury and fraud of prosecutor; Oct. 15th 01; I had hearing to determine if
a "PCRA" I filed was timely. Judge held it was; counting time for Certiorari as was
filed; by one day; Further hearing would be scheduled.
I show up for hearing; May 21st 02; They have swapped judges, and the prosecutor
hands me a perjurous "brief" he submitted telling this Judge; I NEVF2~ WENT TO PA.
SUPPd~4E COURT. ! When said prosecutor knew, and I have irrefutable proof he KN~ I
went to Pa. Supreme Ct. because He personally was a party to that. I have all due
proof of this. This man simply outright lied to obstruct justice aDx~ oppress me, and
deny me access to THAT court by .more fraud/perjury.
I exposed his misconduct and Judge ~ me to proceed and present my case;
During course of same BOT~ judge, and prosecutor suborned and allowed adverse
witnesses to commit blatant and utter perjury. (I have proof. ) There exists no subject
matter jurisdiction over such known perjury.
17. After hearing me PROVE beyond any doubt I was tr~y and irrefutably FAI~qELY
A(~ and can be DDthing BUT innocent and that I surely WAS further imprisoned
without jurisdiction by that Ct. %~{IS "Judge" ignores ~ and irrefutable proof
of all I said and proved, and goes along with prosecutors perjurous fraud, and tries
to "call my petition "untimely" and. GIVES NO REASON WHY it is supposedly untimely.
When prior judge affirmatively ruled it WAS timely.
This perjurous fraud was committed by this Judge to ~eliberatly keep me in willful
false imprisonment and officially oppress me by obstructing justice and denying me
due process and equal protection of the law; in Crim. conspiracy with D.A.; And again
obstruct impede and deny me any meaningful access to any HONEST Court and prevent
me from proving my case and getting simple justice. Such as constitutes a clear and
persistent pattern of obstruction of Justice by that County.
"No passage of time can transmute a void nullity into a binding judgment; laches
does not run against void judgments. U.S.V. ONE TOSHIBA COLOR T.V. 213 F.3d 147 (3rd
Cir. 200(2?)
IV.
%F/LLVUL INFLICTION OF CRUEL AND UNUSUAL PUNIS~.~:
18. When a man petitions seven years to get ONE hearing; Is finally told "O.I(."
you're petition is timely; please present your case; Then irrefu~ly and besax~ ANY
DOUBT PROVES THERE IS NO HUM~ WAY POSSIBLE he could be guilty of what he was charged
with; AT ALL: and a "Judge" then T.~ and ignores this, and sends a man who just PROVED
he was undoubtedly FALSELY ACCUSED ~ to prison for NO reason after also hearing
seeing proof and IGNORING his Courts total lack of jurisdiction., yet imprisoning
a man anyway; Then attempts to lie further flasify records refuse to correct them
or produce records for appeal., to deliberately obstruct justice; Same is ~ willful
and malicious infliction of mental anguish and emotional distress with potential to
drive a poor innocent man mad trying to rectify their deliberate misconduct.
"I have seen you are innocent; I understand we have no authority; Now go BA~K
to prison and sit there and go mad trying to get around the obstructions we are going
to put into THIS appeal., ha ha...
Is nothing short of cruel and unusual punishment, as is the repeated persistent
commiting of crimes against an innocent man. Tantamount to locking a man in a cage
and throwing rocks at him and laughing about if for years.
"The eighth amendment is intended to protect and safeguard a prison inmate from
environment where degeneration is probable and self improvement unlikely because
of the conditions existing which inflict needless suffering whether physical
or mental." DURAN V. ~ANAYA 642 F.Supp. 510 (D.N.M. 86)
And that is exactly the constant condition these actors have kept me in and
unlwfully am~ Unconst. inflicted upon me for years.
A lesser man would have been driven to suicide or hurt somebody over this
constant abuse long time ago. However neither is proper solution to the problem.
19. In addition I am seriously physically injured as direct result of being illegally
transferred in violation of Fed. Rules App. Pro. Rule 23(a) w/o required Fed. Ct.
order; to obstruct federal writ and was injured after being forced to perform
involuntary servitude at prison I was being held in illegally.
Due to corrupt abuse I have suffered in this Com. as well as the fact I can die
or suffer further injury from surgery I now require, I fear for my life to obtain
such surgery while being held in prison here. I am now Unconst. twice in jeopardy
of life or limb, and having repeatedly tried to enforce my basic legal rights including
right to be released from VOID imprisonment when I can and have even further
irrefutobly PROg~ I am ~ AB~ FALSELY ~ H~E: ONLY TO HAVE THIS IGNORED
I am being Uncon~t. made to languish and suffer in a further ongoing (/~)~ of
cruel and unusual punishment, while being what amounts to no more than being illegally
I ~o furt~ d~lar~ u~ ~1~ o~ law t~t all f~ ~in ~e ~ ~
~~ ~ ~t of ~ ~1~, ~~ti~ ~ ~lief, ~ ~ ~~ as ~
in ~ ~si~ ~ fo~ ~ of ~ ~ ~is ~ f~ ~, ~ I
~t ~ f~ s~~~ ~y ~J~ ~ ~ ~lti~ ~~ by law f~ ~.
~ 200 ~ ~11 Pa.
17001-0200
COMMONWEALTH OF PENNSYLVANIA,
VS.
NO.
COIINTY,' PE~SYLVA~IA
IN FOP~ PA[[PgilIS VlgRIFII~) STAT~
~tFR'~ ~ ~O~~ states under the penalties provided by 18
Pa,C.S. ~ d90~ (unsworn falsificatioa to authorities) that~
1. I am the ~ in the above action and because of my financial
condition am unable to pay the fees and costs relative to the filing ~
2. My responses to the questions below relating to my ability to pay the
fees and c~sts of prosecuting are true and ~orrect. ~(a) Are you presently employed? Yes ( ) No (~.
(1) If the answer is yes, state the amount of your salary or wages per
month and give the name and address of your employer.
(2) If the answer is no, state the date of your last employment and the
salary and wages per month which you received. ~(C, ~ ~ /~/f~,0 ~
(b) Have you received within the past twelve months any income from a business,
profession or other form of self-employment, or in the form of rent payments,
interests, dividends, pensions, annuities, social security benefits, support
payments or~r s-'ourc~e~. Yes (/~/No ( )
If the answer is yes, describe each source of income, and state the amoun~
received :from each during the past twelve months. Co?/~_ ?l~/-J ~'~- °-~°tu~
(c) Do you own any cash or checking or savings account? Yes ( ) No
If the answer is yes, state the total amount of the items owned.
(d) Do you own any real estate, stocks, bonds, notes, automobileS", or other
valuable property (excluding ordinary household furnishings and clothing)? ff4~O
If the answer is yes, describe the property and state its approximate value
and the amount of any encumbrances.
(e) List the persons, if any, who are dependent upon you for support and
state your relationship to those persons. ~
(f) List all your debts and obligations.
/
(3) I understand that a false statement or answer to any question in this
verified statement will subject me to the penalties provided by
of the second degree).
law
~ meanor
Institution'Number ~'"'l~"'"O0
SCI-Camp Hill
P.O. Box 200
Camp Hill, PA 17001-0200
DERRICK R. COOMBS,
PETITIONER
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
RAY GRICAR, CENTRE CO. D.A.,
CT. COMM. PLEAS CENTRE CO. AND:
DONALD KELCHNER, WARDEN SCI
CAMP HILL, AS MERE CUSTODIAN
OF BODY,
DEFENDANTS : 03-1921 CIVIL TERM
AND NOW, this
ORDER OF COURT
day of May, 2003, IT IS ORDERED:
(1) The petition to proceed in forma pauperis, IS DENIED.
(2) The petition for a writ of habeas corpus, IS DISMISSED WITHOUT A
HEARING.1
By the Co,R,
Edgar B. Bayley,
DerrickR. Coombs, CT1800- ~,.~ ~r,, \
Box 200
'U
Camp Hill, PA 17001-0200 ,.~.~-(~C.~ /
~ This court does not have venue over the writ of habeas corpus that challenges the
legality of petitioner's detention and confinement arising out of a conviction in the Court
of Common Pleas of Centre County, Pennsylvania. Pa.R.Crim. P. 108(A).
IN TqE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENN.
Civil Action - Law
Derrick R. Coombs )
)
Vs. )
Ray Gricar; Centre Co. D.A.)
ct.eom. Pleas Centre Co.
And~ Donald Kelchner; )
Warden SCI Camp Rill )
As mere custodian of body )
(~ to be supplied)
WRIT OF MABEAS CORPUS
To; Warden Donald Ielchner SCI Camp Mill;
And now this ~ .... day of 2003 COMES THE COURT And ORDERS:
WE COMMAND YOU: That; The body of prisoner No. CT1800 Derrick R.
Coombs by you imprisoned, and detained b! presented.in the Court of Common
Pleas of Cumberland Co. at One Courthouse Square Carlisle Pa. On the
day of , 2003 at O'clock .M. in
Courtroom No. along with any and all paperwork said prisoner
deems relevant to this cause, where you shall then and thre receive what
shall be had concerning prisoner Coombs, following hearing by this Court.
Order given this day of .... , 2003; BY THE COURT:
Hon .... ,J. Com. Pleas Court Judge.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENN..
Civil Action - Law
MOTION TO STRIKE JUDGMENT OF CENTRE CO. COURT
AND PETITION FOR WRIT OF HABEAS CORPUS
No.
(to be supplied)
To; The Hon. Edgar Bayley and Judges of this Hon. Court;
This matter was sent to Mr. Lebo, and Hon. Judge Oler, on April Second, 03; I have
all proof of mailing, and receipts, However I have not rec. my time stamped copy back
nor will clerk answer m~ correspondence about this dead serious matter.
As such, the interests of Justice require I resubmit-it. THis copy is not verbatim
copy of original but suffices to make same points and request same relief. I respectfully
please demand hearing and to be heard on this matter and relief granted please.
Petitioner brings this Habeas action, attacking condition of willful false
imprisonmmat, and official oppression he is being held in by Corrupt and polluted actors
of Centre Co. Court, and brings motion to STRIKE NULL AND VOID Judgment of said Court,
for no personal, or subject matter Jurisdiction; and in support hereof avers as follows;
STATEMENT OF JURISDICTION~
This Hon. Ct. has jurisdiction pursuant to General Habeas statute which "empowers
any Judge of Court of record to issue habeas corpus to inquire into cause of detention"
as well as Pa. Rule Crim. Pro. Rule 108(b) to hold hearing, take evidence and proof
of this matter, and grant relief from illegal conditions of confinement. The Hon. Ct.
has further jurisdiction to strike VOID Judgment of Centre Co. Court, by law;
"Motion to strike Judgment may be brought at any time in ANY Court." HELMS V. BOYLE 637 A.2d 630
Pa. Law clearly holds; "VOID Judgment may be attacked at any time in ANY
Court." BRfKANS V. MELNICK 569 A.2d 1373 and FLYNN V. CASA DiBERTA.CHI CORP. 674
A.2d 1099.
Flynn id; defines what IS a VOID Judgment. Specifically;
"Judgment or decree rendered by a Court which lacks jurisdiction of subject
matter or person is NULL AND VOID and is subject to attack by parties in same Court
or may be colatterally attacked at any time." DeCOATSWORTH V. JONES 607 A.2d 1094
"When Court takes action beyond power conferred on it by law (It's
Derrick R. Coombs )
)
Vs. )
)
Ray Gricarl Centre Co. D.A.)
Ct. Com. P!eas Centre Co. )
And;, Donald Keichner; )
Warden SCI Camp Hill )
As mere custodian of body )
jurisdiction) it's actions are a NULLITY s_nd objections to this cannot be waived
by consent or otherwise." COM. V. BOERNER 442 A.2d 583 DUBREY V. IZZAGUIRE 685
A.2d 1391.
"Habeas Corpus lies to teat proceedings so fundamentally lawless that
imprisonment pursuant to them is not merely erroneous but void." FAY V. NOIA 83
SoCt. 822 and;
AN EXCEPTION TO THE GENERAL RULE THAT:
=Habeas Corpus is not a substit~e for appellate review EXISTS IF: it appears
the prisoner was denied due process." COMp EX WEL TISON V, MYERS 186 A.,2d 458...
TME ACTS OF C~TNTRE CD. C~3RT ARE UNQUESTIONABLY NULL AND VOID:
PETITION AND FACTS IN SUPPORT OF ~ABEAS CORPUS:
I. NO PERSONAL JURISDICTION: PROCEEDINGS A NULLITY
1. Petitioner was extradited into this Com. by Centre Co. Court, D.A. Gricar and
Police by aames willful preparing and submitting PERJUROUS and false affidavits to Pa.
and Conn. Governors to con same into falsely arresting me for knowingly false and.
inapplicable charges and ordering me extradited to this Com.; Submitted in acts of
willful perjury and mail fraud were;
A. Completely perjurous "Affidavit of probable cause" (Which fraud exists still
in my file here as purported cause of imprisonment) and;
B. Perjurous affidavit; duly sworn and notarized swearing what I was being extradited
here for.
I was acquitted of only felony crime it was SWORN I was being brought here for.
Yet re.~in imprisoned UNDER VOID "Jud/ment" obtained by willful perJurous fraud.
Committed without ANY "Jurisdiction" or authority" whatsoever.
Putting it simply;
~WARRA~T PROCURED BY PERJURY IS A NULLITY"
Petillo V. State of New Jersey 400 F.Supp. 1152 N.I9 Citing U.S. 'S.Ct. case of
FRAN~S V, DE. --U.S.-- omitted.
2. My presence in this State being procured by willful and corrupt perjury and fraud,
no Jurisdiction exists over my person, brought here by such criminal fraud and perjury,
and crim. abuse of office.
I AM HELD IN CONDITION OF OFFICIAL OPPRESSION
3. I have no remedy at law in said corrupt Co. Court and being and have been
constantly officially oppressed by said Court and actors thereof in violation of State
and Federal Criminal Official Oprression and obstruction of Justice laws. Said perjurous
documents were witnessed and vouched for by president Judge Brown of Centre Co. Said
4. He will not hear or correct criminal fraud of his court and himself and Said actor
and said court have repeatedly obstructed me from any fair hearing or appeal that I
may REC. HONEST ~OSTICE AND PROVE MY CASE.
5. They have refused no fewer than ~REE times to send full and complete record for
appeals, and completely ignore my objections to this; preventing any fair appeal being
had~ they have repeatedly outright lied to appellate courts, State and Federal, Have
denied me any appellate counsel for ........................ DIRECT APPEAL OF RIGHT~ and THEN officially criminally
oppressed me and obstructed ME in anything and everything I try to do to get S~MPLE
HONEST JUSTICE: BE FAIRLY HEARD: AND PROVE MY CASE.
6. As I truthfully stated and as I meant, and can irrefutably prove; They are doing
no more than holding me in illegal CONDITION of criminal false imprisonment by
persistently keeping me in a CONDITION of criminal official oppression. I aM absolutely
dead serious AND HAVE .ALL PROOF. Of their constant persistent illegal criminal
obstruction of justice and constant fraud. And; I please demand to be heard on this
submit such proof and rec. remedy at equity and law against them.
II.
'NO SUBJECT MATTER JURISDICTION:
8. Said Courts "case" against me is an irrefutably provable impossible fraud based
on utter perjury, 'and manufactured "charges~ and manufactured evidence. No court has
subject matter jurisdiction over willful and known perjury and fraud. Such is a
VOIDNULLITY.
9. They have no subject matter jurisdiction over known perjury and fraud, nor did
or do they have subject matter jurisdiction over anything other then what they SWORE
under penalty of law; I was being brought here for. To ignore what they duly swore is
to com~it plain perjury and they have no... "authority" to do so.
10. They fraudulently charged me with "Rape" based on clearly false and impossible
complaint made by a WOMAN I LIVED WITH AMD WAS IN RELATIONSHIP WITH. Pa. law at the
time PROHIBITED arrest or prosecution of couples that were ~cohabitating for' any sort
of "sex offense". They had and have no "subject matter jurisdiction" over alleged act
that law DID NOT MiKE A CRIME. They have no "authority" to ignore act of legislature
and just make up crime where it does not exist. But they did.
"The information charged Rider with a NON-OFFENSE and the Ct. was WITHOUT
JURISDICTION to impose any penalty." U.S.V. RIDER 282 F.2d 476
Petitioner will be discharged if it appears he was delivered up on a false
affidavit." State of Tenn. V. Jackson 36 F.258
And they have resorted to never ending perjury fraud and obstruction of justice
to prevent me being fairly heard on and proving my case on this., to exactly as stated
hold me in a CONDITION OF: Willful criminal false imprisonment by persistent illegal
cbstructio~ of justice tampering with records and official oppression.
Not o~ce, not twice but o~er and over, f~r years.
11. Tb~y falsified my trial transcript to obstruct Justice for direct ~s_ppeal, on top
of 'refusing to produce receded records for same, and just recently falsified transcript
of "PCRA" ~I ~ SEVEN YEARS TO GET: And once agiain refuse to produce records
needed for mea~l appeal ar~ ignore my ob~ections to t~is; To defraud me and deprive
.me making my case and obtaining ~DNEST SIMPLE JUSTICE. They have no "authority" to falsify
public records (Felony 3) and while Pa. Law (Rules of Ct..Rules of JUdicial Adm. Ct.
reporting/transcripts Rule 5000.13) clearly holds Ct. Reporters tapes to be public
property; They REFUSE'to produce thsm for inspection and resulting coxrection of said
scripts. Thief refuse to give me any P~.arirg on thier blatan~ fraud, and people, including
have "authority" or subject matter jurisdiction': to deny anyone access to what law clearly
holds to be PUBLIC PROPERTY. No subject matter jurisdiction, or "authority" exists for
this criminal fraud and obstruction of Justice.
"Official behavior involving crimes of corruption is not subject to any form of
"i~,m~nity" PETITION OF DWYER 406 A. 2d 1355 (Pa.)
12. This Honorable Court must please .qm~R this matter and allow me to submit full
evidence, and proof of these things and upon finding same is God's honest TRUTM:
The U.S. ~ Ct. clearly holds;
"Once lack of jurisdiction is determined the ONLY function remaining is
announcing elnat fact, and dismissing the action."
PMOPLE FOR ~ _PETTER ~ V. STEEL CD. 118 S.Ct. 1003., N.
There are no exceptions to this rule.. Id.
Likewise a petition to strike judgment does not involve the discretion of this
Hon. Ct." Middletwon Twsp. V. Fried and Gerber Inc. 454 A.2d 71.
The Hon. Ct. must find Judgment VOID and strike same ~upon showing the j ~udgm~_nt
is void; as set forth;
"Judgment is void on it's face if one or more of the three Jurisdictional
elements are found absent; Jurisdiction of the parties, Jurisdiction of the
subject matter OR: AUTHGR~ TO ~ ~rticular judgment. .WLYNN V. CASA
Di_~RTA~ CD. 674 .~.2d 1099.
"In order to invoke the subject matt~_r jurisdiction of the Court the Com. ~ . ~ ~must
c~harge the defendant with a formal and specific accusation of the crime/A&~$ charged.
0SM. V. LITIT~ 314 A. 2d 270~ 272-73
13. The false accusations made against ~ have been irrefutably shown to be ~
~ as well as blatantly perjurous., accusations of which I am and can be NOTHING
RK~e~t; o~ lama hav~ it nearly bitlt.., scmmoao IMte~ully ~ It ~ ~t
22. ~ ~~ X ~ ~ly ~~liy ~~ ~ ~t ~ ~ ii~Lly
~ ~. ~. ~M ~ ~ j~ ~ti~ ~ lie ~ ~~ M, ~ ~
~. ~ ~ ~ ~~ ~ ~ )~ti~ ~ :~t ~ sit ~ a ~11 ~ ~
to fear for my life.
IV.
NO DECISION ON MERITS:
24. Altho~ I have repeatedly sought to get justice in this matter the ~
of my iasues~ agaim~t them; have never been decided or addressed. Includ~ their
malicious imp~~t of me ~ J~RISD~ (~ A~T~/TY. My complaints;
and requests for relief from this illegal ~ and equal protection of the law
ar~ ig~ared avoided obstructed or covered up.
~Due process protects not °nly the right to obtain a favorable decision..
but also a decision on the merits., in czie's case." ~ V. LUCEY 105 S.Ct.830;
25. :I ha~ ~~ aff~ ei~he~ ~c d~e ~. right nor core due process
right to be fairly fully and ~ff~f heard at law and fact, and to obtain JUST
Instead Z am constantly victimized by fraud perjury, obstruction of Justice,
official oppression; and "case fixing. ~£ Wi;l/ ~P~ ~;a/ ~''~- ~{~e'~
V.
DmZ/AL OF DUE PROCESS/~ ~ON OF IAW: AND AD~ISSI~ OF FACTS:
26. My adversary Centre Co. Dist. Atty. has lawfully admitted my facts as true
per Pa. Rule~¢iv. Pro' Rule 1029, and Fed. Rules Civ. Pro. Rule 8(d) and other
rules; n~t ~ but repeatedly, and has repeatedly, failed to answer or deny matters
or prosecute this matter and has even failed to appear in some actions. This admits
my facts as true; and estops him opposing my claims; and entitles me to lawful
relief. Pmther than give ~ honest justice., this matter too is cons~tly avoided
igr~red; to; as I truthfully stated; simply vex harass, anger, and in bad faith;
hold me in a (I~~ of willful criminal false imprisonment without authority
or Ju~isdiction, or affordin9 me even a semblance of. due prooess of law; under
what is eve~ an ~.¥ VOID Judgment of "conviction" and "sentence" without
authority to enter or ~ either one. Same "Judgment being NULL AND VOID and
imposed without authority same must be stricken by this Hon. Ct.; Federal law firmly
holds; "If the Ct. finds judgment entere~ without jurisdiction it SHALL set
judgment aside and discharge the prisoner." 28 U.S.C.§2255. The U.S. Supreme Ct.
very firmly holds the word "Shall" is mandatory word of ccmmmand, and is not subject
to "discretion" of Hon. Court but must be followed; ALABAMA V. BOZEMAN 121 S.Ct.
207,9.; This Hon. Ct. is mandated to follow same per U.S.OONST. ART. VI-II Supremacy
clause.
27. As are they, yet they refuse to do so, and repeatedly avoid dealing with
th~ merits of this matter, or their criminal abuse of me, az~ oontinue by fraud
perjury, and obstruction of justice to hold me in a CONDITION of willful false
imprisop~e_~-,t, maliciously, by fraud perjury, and obstructioo of Justice, wit~ut
jurisdiction.., when I am entitled to IMMEDIATE and unuonditional discharge and
~sa~· ~f' the~"'~roven and p~Vably false and impossible charges as matter of
la~ and fact.
VI.
........ U.S. V,'~ ~ ~ T.V. 213
to
~. ~ ~SI~ ~ ~ ~ ~ ~I~." F~ V.
29. ~ ~ ~e IS ~ a~T~ ~t for ~s ~. ~. ~ pl~ ~ar ~s
~t~, ~ full, ~ ~ r~l~ evi~e, ~ s~i~ ~ ~ VO~ J~t of
~: I ~~fully ~ay ~s ~. ~. ~ ~ ~. E.B. ~yley, ~ule
~ ~ld full evi~ti~ ~i~ ~ ~ ~la~l ill,al ~ U~tituti~l
~ti~ I ~ ~ ~ld ~ ~ ~is ~tt~, ~ u~ ~ ~ r~iv~
ev~ ~ ~is mtn, f~ JuSt ~ a~s of ~e
~ ~ ~~ ~t j~isdi~i~ or au~rity, ~ killy ~ j~t
of Centre Co. Court, falsely imprisoning me without Jurisdiction; after
.affording me core due process right to be fairl~ heard, offer proof, and
protect my rights, as U.S. Supreme Ct. mandates I~,,.must~ be allowed to do,
in RICHARDS V. JEFFERSON CO. ALA. 116 S.Ct. ~1761 N'~IO, 16 (U.S.) noting
there is no provision at law for for denying Habeaa~ without a hearing
as recently held by Super. Ct,. in CO~. V~ LANTZY "
and upon taking and receiving evidence in this matter, of ~y condition
of official oppression as in violation of Title .I~, Pa. Crib. Statutes
including evidence o~ alleged "~udge" allowing'witnesses to commit blatant
perjury at m7 alleged "hearing" last year, which :felony crimes that Ct.
refuses to do anything about, and has NO iJurisdiction whatsoever to
entertain ~illful and corrupt perjury and fraud~ or; enter any "Judgmenk"
based on same; find~Judsment and acts of Centre 'Co court, to be NULL AND
VOID undertaken without jurisdiction or authority, and kindly STRI~E
Judgment of same, for the illesal fraud i~ is; a~d GRANT petitioner all
due relief he is entitled to by law, including discharge, expungement
'of record, and A~ty. fees in this foul and egregious matter, without sale,
denial or delay., as clearly provided for by Pa. Const. Art. 1. ~1! Id.
While I realize the Ct may uo~ Tike the subject of public corruption;
I must respectfully remind the Hon Ct I did not ask them ko VICTIMIZE
ME like this. They did this on their own~ and I A~ no more than a CRIME
VICTIM HERE: Your Honor; one who demands HONEST Justice against these
actors. Lest I unjustly lose half my life for no reason. I have already
lost nearly TEN years ~o these corrupt hateful liars., enough., is enough.
~indly please schedule hearing take and rec. full evidence in this
matter and.please grant me relief from this illegal abuse of myself.
Derrick R. C~omb~ No. CTI$O0
Box 200 Camp Hill Pa. 17001-0200
AFFIDAVIT IN LIEU O? PROOF OF SERVICE
This matter is submiited ex-par~e due to serious nature of same,
and fact that service would result in coverup and more fraud. The U.S.
$.Ct. allows ex-par~e filings of Habeas Actions; See; U.S. S.Ct. Rule
20 (~)(b) It is prayed the Hon. Ct. and the Hon. Bayley; accept this as
same, and ~OLD ~EA~NC within the 3-20 days mandated by law; noting
allowing proof to be presented and shown this Hon. Ct. and if the Ct.
so wishes, it may then further investigate, and require answers; Rule
20 (&)(b) id. This matter is deposited in prison mail this ~r~ r
day of ~ay 2003; Addressed to; Hon. E.B. Ba¥1e7 Judge and ~r. Curtis Long
Prothono~ary~ Cumb. Co. Courthouse 1 Courthouse Square Carlisle Pa.17013
Derric~ R. Coombs No. CT!800
IN THE ~ OF OOt'~ PLEAS OF' ~,',,,'D 00,3~;5"Y' FA.
Ctvll/Crim. Action- Law
Derrick R. ~:bs
Petitioner
)
Ray Gricar Centr~ Co. D.A. )
Ct. ~k~u. Imleas Ce~-.tr~ Co. )
· ~ m~ cust~i~ of ~. )
wit~l ~f~ ~rpus, m~J ~Dt~,~ t;.~ ;.;trlke ,Iuc~t,
1. I ~:~ i~dig~t ac~ withoat f[a~:~ ~o ~y th~ ~sts of this ~tiom, ~ have
2. I ~ve ~ ~ Pa~ris ~tatus b~fore all ~u~s o~ ~his ~-~. and t~ ~upr~
Ct. of U.S. I ~ ~d ~ su~ltial ~ in ~ si~ gra~ti~ of IFP Stat~.
3. I ~%ve be~n ~ngty a~ falsely i~',p~iso~
ha~ ~t ~d "m~'~i ~tsi~e j,3~', si~e 1~. 1993 d~a: to sai~ f~i~ v~id, ~ ille~],
~t~, ~s ~ l~s th~ 2505.
6. I w~ C~9~ ~s ~ ~D~es" for the void
~, ~ ~~ ~. T~ts i. ~t~t of [~ ~. ~ ,,~ ~ a void ~llit~.
7. I a~n sa~3rat~ fr~r~ ~ lovett o.oes, i~lu~i~
Art. 1%11 provic~ all
.~rffc~ ~. O~-~bst ~1 ~'~:0' '
~>ox 200
17001-020q
DERRICK. R. COOMBS,
Petitioner
Vo
RAY F. GRICAR,
CENTRE CO. D.A.,
C.C.P. CENTRE CO.,
and DONALD
KELCHNER, WARDEN,
SCI CAMP HILL,
Respondents
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 03-1921 CIVIL TERM
ORDER OF COURT
AND NOW, this 12th day of May, 2003, upon consideration of the "Petition for
Writ of Habeas Corpus" filed by Derrick R. Coombs, pro se, challenging the legality of
Petitioner's confinement, this action is transferred to. the Court of Common Pleas of
Centre County, Pennsylvania. See Pa. R.C.P. 108(A).
Derrick R. Coombs, CT- 1800
P.O. Box 200
Camp Hill, PA 17001-0200
BY THE COURT,
JI]~Vesley O~121~.; - -/,~J. '
Centre County District Attorney's Office
Centre County Courthouse
Room 404
Bellefonte, PA 16823
Superintendent
Camp Hill State Correctional Institution
2500 Lisbum Road
P.O. Box 8837
Camp Hill, PA 17001-8837
:rc