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Pennsylvania Habeas Corpus Petition

Unlawful warrants

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smilebabe2315
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0% found this document useful (0 votes)
54 views3 pages

Pennsylvania Habeas Corpus Petition

Unlawful warrants

Uploaded by

smilebabe2315
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as TXT, PDF, TXT or read online on Scribd

WRIT OF HABEAS CORPUS

IN THE COMMONWEALTH COURT OF PENNSYLVANIA

PARTIES INVOLVED:

Petitioner: [Your Name]


Respondent: The Commonwealth of Pennsylvania; Montgomery County Jail
Detainee: [Your Friend's Full Name]
Other Named Individuals:
Prosecutor: Gwendolyn Marie Kull
Detectives: Montgomery County Detectives [Names, if available]
Defense Attorney: Brendon Campbell
Presiding Judge: Judge T. Branca
Alleged Co-defendant: Lisa E. DeVivo-Gane
Witnesses: Denise DeVivo-Farrer, Richard Farrer, Nicholas Farrer, Madeline
Farrer, Joseph DeVivo, Gina DeVivo

TO THE RESPONDENTS AND ALL WHOM IT MAY CONCERN:


Order to Show Cause: This court orders the aforementioned respondents to show cause
why the detainee, [Your Friend's Full Name], should not be immediately released
from custody for the reasons stated herein.

FACTUAL BACKGROUND

Date and Location of Initial Arrest:


Date: November 6, 2023
Location: Galloway Township, New Jersey

Alleged Offense and Initial Detention:


Unlawfully arrested without an indictment on a false charge of "fugitive from
justice".
Held without bail at Galloway Township for 20 days before transfer to Montgomery
County Jail.

Ongoing Detention and Legal Proceedings:


Since the transfer, the detainee has been held at Montgomery County Jail.
The detainee has not been provided with an official notice of charges.
The detainee has not had a bail hearing for over 7 months due to repeated court
postponements.

Exculpatory Evidence and Attorney Conduct:


The detainee's pro bono attorney, Brendon Campbell, has refused to take
possession of exculpatory evidence multiple times.
Evidence available to the petitioner proves that the detainee is not responsible
for the alleged crimes.
The lead detective has expressed personal bias against the detainee and failed
to include exculpatory evidence.

Allegations Against Co-defendant and Prosecutor Conduct:


Lisa E. DeVivo-Gane, the alleged co-defendant, has fraudulently accessed and
misused the detainee's accounts and has committed identity theft.
Despite being implicated, Lisa E. DeVivo-Gane is out on non-monetary bail.
The prosecutor and detectives have conspired to deprive the detainee of justice
and coerced the detainee with threats of long-term incarceration to sign a plea
agreement based on false statements and incomplete evidence.

Claims of Conspiracy and Bias:


The prosecutor, detectives, defense attorney, and presiding judge have acted in
concert to suppress exculpatory evidence and perpetrated wrongful prosecution
against the detainee.
The false statements by witnesses have hidden the theft of the petitioner's
inheritance and other fraudulent activities orchestrated by Lisa E. DeVivo-Gane for
over 30 years.

EVIDENCE SUPPORTING THE WRIT

Exculpatory Evidence:
Evidence available with the petitioner that exonerates the detainee.

Bias and Misconduct:


Actions and expressed biases of the detectives and the refusal to include
significant exculpatory evidence.

Fraud and Misuse:


Evidence of fraudulent activity by Lisa E. DeVivo-Gane and others, including
fraudulent real estate transactions and identity theft.

RELIEF SOUGHT

Immediate Release:
Immediate release of the detainee from unlawful detention due to lack of
evidence, refusal of a fair trial, and deprivation of rights.

Investigation and Audit:


Thorough investigation into the conduct of Judge Zucker, magistrate judge
responsible for a redacted search warrant executed on June 26, 2023.
Compel named witnesses (Denise DeVivo-Farrer, Richard Farrer, Nicholas Farrer,
Madeline Farrer, Joseph DeVivo, and Gina DeVivo) to produce statements of their
personal and business accounts from January 2021 through November 2023.

Corrective Actions:
Immediate cessation of any coercion, threatening behavior, or unfair advantage
used against the detainee to force compliance or admission of guilt on false
charges.

DECLARATION BY PETITIONER

I, [Your Full Name], declare under penalty of perjury that the facts stated in this
writ are true and correct to the best of my knowledge and belief.

Dated: [Date]

[Your Full Name]


[Your Contact Information]

SIGNATURE

[Your Full Name]


Petitioner

CERTIFICATE OF SERVICE

I certify that a copy of this Writ of Habeas Corpus has been served to the
respondents and all concerned parties on:

Date: [Date]
[Your Full Name]
Petitioner

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