2011
08.24

There are so many days when I just sit and cry.

No one helps. No one cares. There is no hope.

Let the judge(s) destroy the victim of their injustice… HE HAS SURVIVED 5 YEARS OF IT. DESTROY HIM MORE.

Judge Carluccio has still not acted. Further, delaying the Appeal. Torturing the victim of this terroristic divorce.

Every day I live to be further terrorized. No one cares. No one helps. No one.

2011
08.23

Yesterday at about 2:30PM, I received a call from someone in the Court Administration office. She indicated that the judge had sent the petition that I filed on August 15, 2011 to them, and she was asked to follow up with me.

The judge did not specify what further information was needed. AND I was informed that she would not.

The judge did not issue an Order regarding the petition. AND I was informed that she would not.

The judge did not write a memo seeking additional information. AND I was informed that she would not.

The judge had also still not scheduled a hearing on the petition. AND that would delay the Appeal I filed the same day.

The Notice of Appeal had been filed, BUT that package of paperwork will not be forwarded from the courthouse to the Superior Court until this petition is addressed.

The Admin suggested she would mail the petition back to me. I question the purpose of doing that as the petition was already filed. It had been initialed by Court Admin, as required. It had been taken to the Prothonotary and filed, as required. It was then forwarded to the Judge for scheduling. Procedures were followed. A Pro Se Defendant would not have been able to file the document if the procedures were not followed. Those procedures are unwritten, and unavailable.

What would be served by sending the document back to me? It would still have been filed. It would still be awaiting the judge’s attention. Mailing the document to me would not change anything. It would only create confusion and excuses.

Sending the petition back to me without any explanation as to why this action was being taken would serve no purpose.
The delay in the hearing on the matter causes the Appeal to be further delayed. But I think in the case of fraud and defective orders, an Appeal must be filed within 5 years.

Do you think that the judge is going to try to delay everything for another 5 years? Really?

The Petition is for permission to proceed In Forma Pauperis. It will excuse the fees involved in the further litigation.

I do understand, the judge is in a bit of a pickle…
If she approves it, she is admitting that she made me poor.
If she denies it, she is further demonstrating her cruel intentions.
If she delays it, she shows the SHE IS THE ONE DELAYING THINGS and not resolving anything.

When all else fails push the responsibility onto Court Administration and blame them for the ‘mix up’. The more the judges have tried to hide the injustices, the more injustices they have caused to happen. And it just never ends…

2011
08.23

While I have searched around for a while, for some reason I cannot find any explanation for the custom:45000001 entry.

Can anyone offer an answer?

My theory… There is an entry being hidden from me either in the BCD or MBR possibly referring to a virtual device or drive.
I have reason to believe a rootkit is hiding on the machine – a targeted hack. When I installed XPUD, (just to gently touch the settings), on the next boot an entry appeared for Windows XP. That Windows XP entry has disappeared after only appearing that one time.

I am including plenty of data below. Detailed entries from EasyBCD and the output from ‘BCDEDIT /enum all /v”

Usually just a normal Vista laptop.


EASYBCD Data
====================
Windows Boot Manager
——————–
identifier {9dea862c-5cdd-4e70-acc1-f32b344d4795}
device partition=C:
description Windows Boot Manager
locale en-US
inherit {7ea2e1ac-2e61-4728-aaa3-896d9d0a9f0e}
default {dfda5002-671b-11de-99f0-00235adea060}
resumeobject {dfda5003-671b-11de-99f0-00235adea060}
displayorder {dfda5002-671b-11de-99f0-00235adea060}
{9866d120-b87e-11e0-a4c1-b7d5bc228d71}
toolsdisplayorder {b2721d73-1db4-4c62-bf78-c548a880142d}
timeout 10
resume No
custom:45000001 1

Windows Boot Loader
——————-
identifier {dfda5002-671b-11de-99f0-00235adea060}
device partition=C:
path \Windows\system32\winload.exe
description Microsoft Windows Vista
locale en-US
inherit {6efb52bf-1766-41db-a6b3-0ee5eff72bd7}
recoverysequence {572bcd55-ffa7-11d9-aae0-0007e994107d}
recoveryenabled Yes
osdevice partition=C:
systemroot \Windows
resumeobject {dfda5003-671b-11de-99f0-00235adea060}
nx OptOut

Real-mode Boot Sector
———————
identifier {9866d120-b87e-11e0-a4c1-b7d5bc228d71}
device partition=C:
path \grldr.mbr
description xPUD


Output from BCDEDIT /enum all /v
====================

Windows Boot Manager
——————–
identifier {9dea862c-5cdd-4e70-acc1-f32b344d4795}
device partition=C:
description Windows Boot Manager
locale en-US
inherit {7ea2e1ac-2e61-4728-aaa3-896d9d0a9f0e}
default {dfda5002-671b-11de-99f0-00235adea060}
resumeobject {dfda5003-671b-11de-99f0-00235adea060}
displayorder {dfda5002-671b-11de-99f0-00235adea060}
{9866d120-b87e-11e0-a4c1-b7d5bc228d71}
toolsdisplayorder {b2721d73-1db4-4c62-bf78-c548a880142d}
timeout 10
resume No

Windows Boot Loader
——————-
identifier {572bcd55-ffa7-11d9-aae0-0007e994107d}
device partition=\Device\HarddiskVolume1
path \windows\system32\boot\winload.exe
description Windows Recovery Environment
osdevice partition=\Device\HarddiskVolume1
systemroot \windows
nx OptIn
detecthal Yes
winpe Yes

Windows Boot Loader
——————-
identifier {dfda5002-671b-11de-99f0-00235adea060}
device partition=C:
path \Windows\system32\winload.exe
description Microsoft Windows Vista
locale en-US
inherit {6efb52bf-1766-41db-a6b3-0ee5eff72bd7}
recoverysequence {572bcd55-ffa7-11d9-aae0-0007e994107d}
recoveryenabled Yes
osdevice partition=C:
systemroot \Windows
resumeobject {dfda5003-671b-11de-99f0-00235adea060}
nx OptOut

Resume from Hibernate
———————
identifier {dfda5003-671b-11de-99f0-00235adea060}
device partition=C:
path \Windows\system32\winresume.exe
description Windows Resume Application
locale en-US
inherit {1afa9c49-16ab-4a5c-901b-212802da9460}
filedevice partition=C:
filepath \hiberfil.sys
pae Yes
debugoptionenabled No

Windows Memory Tester
———————
identifier {b2721d73-1db4-4c62-bf78-c548a880142d}
device partition=C:
path \boot\memtest.exe
description Windows Memory Diagnostic
locale en-US
inherit {7ea2e1ac-2e61-4728-aaa3-896d9d0a9f0e}
badmemoryaccess Yes

Windows Legacy OS Loader
————————
identifier {466f5a88-0af2-4f76-9038-095b170dc21c}
device unknown
path \ntldr
description Earlier Version of Windows

Real-mode Boot Sector
———————
identifier {9866d120-b87e-11e0-a4c1-b7d5bc228d71}
device partition=C:
path \grldr.mbr
description xPUD

EMS Settings
————
identifier {0ce4991b-e6b3-4b16-b23c-5e0d9250e5d9}
bootems Yes

Debugger Settings
—————–
identifier {4636856e-540f-4170-a130-a84776f4c654}
debugtype Serial
debugport 1
baudrate 115200

RAM Defects
———–
identifier {5189b25c-5558-4bf2-bca4-289b11bd29e2}

Global Settings
—————
identifier {7ea2e1ac-2e61-4728-aaa3-896d9d0a9f0e}
inherit {4636856e-540f-4170-a130-a84776f4c654}
{0ce4991b-e6b3-4b16-b23c-5e0d9250e5d9}
{5189b25c-5558-4bf2-bca4-289b11bd29e2}

Boot Loader Settings
——————–
identifier {6efb52bf-1766-41db-a6b3-0ee5eff72bd7}
inherit {7ea2e1ac-2e61-4728-aaa3-896d9d0a9f0e}

Resume Loader Settings
———————-
identifier {1afa9c49-16ab-4a5c-901b-212802da9460}
inherit {7ea2e1ac-2e61-4728-aaa3-896d9d0a9f0e}



2011
08.21

The following is an outline of the malicious impact of Judge Carolyn Carluccio. Since the case began, and was reassigned and addressed by 8 judges, there has not been a judge who went more willingly into the corruption, ethics violations and conspiracy than Judge Carluccio. She embraced her role and acted with an enthusiasm and malice completely devoid of the trust placed in her by the people of Montgomery County.

December 2010
Judge Carluccio is assigned the case in early December, one month after the Recusal of Judge Stephen Barrett.

There are several petitions awaiting hearings. (#210, #211, #214, #226, #227, #240, #241, #261)

Judge Carluccio recieves an inappropriate ex parte communication from Angst & Angst.

Judge Carluccio, when presented with the lawyers ethical violation, failed to act in accordance with the Code of Judicial Ethics and becomes a party to the ethical violation.

I petitioned the court for the ex parte document. (#272) Filed as an Emergency, Judge Carluccio promptly denied the petition without explanation. (#273) THERE WAS NO HEARING ON THE MATTER.

I also petition for the ex parte documents which were exchanged with the prior judges in this matter. (#271) THERE WAS NO HEARING ON THE MATTER.

January 2011
Judge Carluccio, during her January Short List, refuses to permit me any opportunity to address the petitions I have filed. Judge Carluccio, indicates she has no time on her schedule for hearings, and Orders hearings for June 1-2, 2011. (#282 regarding #210, #211, #214, #226, #227, #240, #261) Omitted, without explanation, from the scheduling Order is #241 which is regarding ex parte communication between Angst & Angst and Judge Emanuel Bertin.

Sure, it was an intentional six month delay in the resolution of the financial and health matters, but the Judge is in control of her schedule.
This scheduling tactic had been played out so many times by the Masters and Judges that it was becoming insulting that they would continue the delaying game as if I actually believed their statements. I could do nothing about the Courts schedule. Every Judge has played this feigned “sorry, there are no openings any sooner’ scheduling game.

February 2011
Angst & Angst file an Emergency Petition. (#283)

Strangely, it is not filed electronically. All petitions filed by Angst & Angst since 2008 have been filed electronically.

The EMERGENCY Petition is mailed to the Prothonotary and received by the Prothonotary on February 24, 2011.

March 2011
The EMERGENCY Petition is not processed by the Prothonotary until March 1, 2011. A delay of one week on an EMERGENCY Petition.

The corresponding Certificate of Service is filed ELECTRONICALLY on March 2, 2011. (#284)

On March 3, 2011, Judge Carluccio grants the EMERGENCY and schedules a hearing on March 9, 2011. (#285)

I received the Petition on March 4, 2011, and the Scheduling Order on March 5, 2011.

This did not permit a great amount of time to prepare and file a response. That was the intent.

It is worth noting that the quick scheduling of the Petition was intentional. Angst & Angst had not filed any petition to which I could respond with a counterpetition since December 2009. Judge Bertin had ordered a Response and Counterpetition separated in August 2009. In December 2009, Judge Bertin heard the testimony and evidence regarding my petition (the refiled counter). Judge Bertin ruled that the issues were ‘not cognizable’, offered no explanation as he could not ethically provide me legal advice. Judge Bertin dismissed the petition and ordered me to pay sanctions. NOT COGNIZABLE, as I understand it, indicated that since the issues were not directly relating to Family Court issues, the Family Court could not address them. IF HOWEVER, the counterpetition had not be refiled as ordered by Judge Bertin, it would have been cognizable because it was connected to a Family Court Issue.
I had been anticipating the opportunity to respond and counterpetition might arise again. I was able to assemble a Response and Counterpetition and file it on March 8, 2011.

On March 2, 2011, I filed the Response and Counterpetition on March 8, 2011. (#286)

The Response and Counterpetition documented the injustices of the Court since August 2007. It was organized, clearly written, and included a Table Of Contents listing the major issues to be presented. It was also not a complete listing, there were more issues to be documented, however, time did not permit everything to be filed before the Emergency Hearing on March 9, 2011.

On March 9, 2011, Judge Carluccio was demonstrating a level of corruption, malice and fraud which could not be ignored.
The Hearing did not take place because as soon as Judge Carluccio was caught in several lies and intimidation tactics, she ended the proceeding and indicated it would be continued.

Judge Carluccio issued an Order which had nothing to do with the EMERGENCY issues before her. (#287)

On March 10, 2011, Judge Carluccio issued an Order which wrongly paraphrased and completely misrepresented the proceeding from the day prior. She then Ordered an Equitable Distribution Hearing for March 29, 2011.

Equitable Distribution is not supposed to occur until all other petitions have been resolved. Scheduling the ED Hearing before all of the others would make them difficult to pursue. I believe this was their intent.

On March 16, 2011, I filed a Petition for Judge Carluccio to Recuse herself from the case. The title of the document sums the request up succinctly. PETITION FOR THE RECUSAL OF JUDGE CAROLYN TORNETTA CARLUCCIO FOR CONSPIRACY, CORRUPTION, FRAUD, INTIMIDATION, CONFLICT OF INTEREST AND DENIAL OF DUE PROCESS / PROCEDURE AND DENIAL OF CIVIL RIGHTS. (#289)

On March 29, 2011, Judge Carluccio denied the petition without any hearing. Judge Carluccio did not recuse or distribute an Order indicating her denial.

On March 29, 2011, I began by asking the Court to address the issue of the June 1-2, 2011 protracted hearings. The hearings had been removed from the schedule on the court website without any notice. Emails/Praecipes to Court Administration had been issued and not distributed to the parties. The secret praecipes had rescheduled the hearings for March 29, 2011.

Judge Carluccio indicated that scheduling issue was an error. I don’t think she was telling the truth. Judge Carluccio reaffirmed the purpose of the March 29th proceeding was Equitable Distribution and NOT the outstanding petitions. Over the course of the ED hearing, I raised the issues relating to the outstanding petitions and was repeatedly reassured by Judge Carluccio that those hearings would occur.

At the end of the day, I reminded Judge Carluccio about the unscheduling of the hearings where upon Judge Carluccio issued an Order scheduling the Protracted Hearings for May 5, 2011. (#291)

It is interesting to note that these proceeding had been rescheduled so frequently and for multiple days. Judge Carluccio had no time on her schedule for these matters on January 10 when she pushed them out for six months. Time has been wasted on multiple proceedings where nothing has been heard or resolved. And now, Judge Carluccio orders the 2 days of protracted hearings originally set for June 1-2, 2011 to be held in 1/2 day on May 5, 2011.

April 2011
On April 14, 2011, Judge Carluccio issues her next Order (#294) without any proceeding, incorrectly renaming the petitions she is addressing, and ‘disposing’ of the petitions. The Order includes a footnote attributing the listing of misnamed petitions to the response/counterpetition from March 8, 2011.

Judge Carluccio refers to her having conducted a lengthy review of the docket, but the Divorce Clerk records indicate the judge did not have the file from the Prothonotary at the time. The file being promptly returned to the Prothonotary on March 30, 2011. At this point in time the docket had almost 300 entries, a review of the docket without the printed copies would have ben EXTREMELY time consuming. I also had repeatedly indicated that the hearings had not taken place and the issues were outstanding.

Yes, I do understand. THEY DO NOT WANT TO HAVE THESE HEARINGS. Any hearing on the matters would permit the introduction of evidence of the injustices, extrinsic fraud and the corruption of the judiciary assigned to the matter. Judge Carluccio is revealing her active participation in the obstruction of justice.

Please keep in mind, I have no choice but to continue to seek justice from a Court which is determined to act in an improper, unethical and corrupt manner. If I fail to point out these ‘indiscretions’, I might not be permitted to present them to a higher court when the time comes. They have acted with intent to prevent any order from being appealed, BECAUSE THE COURT HAS FAILED TO MAKE ANY TIMELY DECISIONS RELATING TO THE CASE.

On April 26, 2011, I again petition for the hearings to be scheduled. (#295)

On April 29, 2011, Judge Carluccio DENIED that petition without any proceeding further basing her Order on an additional review of the docket. (#296)

May 2011
On May 3, 2011, as the Judge’s April 14th order did not correctly title the petitions which she was ‘disposing’ of, I stopped at the courthouse to check with Court Administration regarding the schedule for Thursday May 5, 2011. Interestingly, the court web site was still listing the hearings as scheduled. The renaming issue also could have created further confusion.

Court Administration contacted the Judge who indicated there were no hearings scheduled. When asked by Court Admin, the Judge refused to issue any order confirming the cancellation.

I had the impression that the goal was for me to not show up at the hearing. The Judge would legitimately dismiss the petition for a no-show. Once Equitable Distribution has been heard, it is too late to introduce any new petitions, so the petitions could not procedurally be refiled.

On May 4, 2011, I received a copy of a letter from Angst & Angst to Judge Carluccio asking about the schedule for May 5, 2011. Angst & Angst had faxed it to Judge Carluccio on May 3. That evening, I checked the court web site and there was an Order issued by the Judge on May 3rd, but not docketed until May 4th.

If I didn’t show up, the petitions could all be cancelled.
If I showed up and everyone was there for hearing(s), the tactic would be revealed. HOWEVER, I still needed to be ready for nine potential hearings.
If I showed up and no one was there for the hearing(s), then Angst & Angst had information which I did not receive.
I had no choice but to prepare and go to the scheduled hearing. And I did.

On May 5, 2011, I arrived at the Courtroom 5 minutes before the time scheduled. No one was there. I was advised by the Judge’s assistant that the hearing had been cancelled by an order on May 3rd. I was given a copy of the Order, and I left. On the way out of the courthouse I stopped at Court Administration to update them on the last minute Cancellation Order.

My mother and I were then surrounded by seven deputies and asked to leave the courthouse. They further indicated that ‘If I did not have business in the courthouse, I should not be there.’ When I showed them the scheduling order, they were confused at why they were mislead. Court Admin confirmed my information. They indicated they were responding to a report from the judge that I threatened her.

The deputies have a job to do. I understand and respect that. The deputies also know me because I have been coming into the courthouse regularly since 2007. They know I am not violent – I am also half their size. They knew they had been given bad information, however they have a job to do. At my suggestion, we came to an arrangement. I would stop and request a deputy escort me whenever I had any business in the courthouse. They agreed. That is what we have done since. While it is completely unnecessary, it permits the deputies to do their job responsibilities without compromising their careers. They have to respond to false reports.

On May 9, 2011, I had to return to the Prothonotary to provide a document which needed to be re-scanned. I stopped to visit the divorce file, and was informed that the sign-out sheet was no longer available and now considered an “Internal Use Only” Document. The sign-out sheet indicates that Judge Carluccio did not have the files or any of the documents during her “lengthy” and “additional review” of the docket to which she refers in her Orders of April 14, 2011 and April 29, 2011.

On May 9, 2011, I also docketed several documents which pertain to the case but somehow have not been docketed or have been removed from the docket.

On May 9, 2011, Judge Carluccio issued another Order granting a divorce to parties who had neglected to request a divorce, and ordering a malicious and cruel equitable distribution. The errors in the Order prevent it being appealed on a timely basis, and would return it to Judge Carluccio’s courtroom. I found the errors, petitioned for them to be resolved.

June 2011
Judge Carluccio delayed for months while her order made me homeless, without medical or dental benefits, and permitted my wife to vandalise and destroy my home (and bill me for it).

July 2011
JUDGE CARLUCCIO HAS REFUSED TO HOLD HEARINGS ON THE MATTERS. At a Short List Hearing on July 18, 2011, Judge Carluccio further revealed her malice and cruelty. She also said out loud and on the record that the Order was indeed her Final Order, and that she no longer had jurisdiction in the case. She then went on to schedule another hearing. I know? If she has no jurisdiction, why schedule a hearing?

Judge Carolyn Carluccio has fallen into the trap which has affected the other judges. Judge Carluccio has acted with clear malice and cruelty to the victim of 6 years of injustice. Judge Carluccio is above the law. The judge can do whatever the judge wants. That is not the justice that the US is fighting for worldwide. Bring the troops home. The justice system is under attack from the very ones who have been trusted to ensure “liberty and justice for all.” defense from

Through Judge Carluccio’s own words and actions she has been exposed. She has disgraced the judiciary.

2011
08.19

When trying to use the case viewer through the Montgomery County Courthouse Prothonotary web site, I once again receive an invalid certificate. I recall this being part of the reason I bailed on this approach before.

It would not be such a big deal, except that this security issue could allow the complete compromise of my computer. Permitting access to files, and devices attached to the computer.

Well, that… and Montgomery County was the location where the school district had been advised by the county detectives how to spy on the students laptops – stealth activating the laptop cams and taking thousand of pictures of underage children in their homes and bedrooms. Civil Rights?? Do they apply in Montgomery County??

And there’s my detected illegal surveillance and remote control issue that is overdocumented but completely ignored by the Montgomery County Detectives, police, FBI, etc…

The certificate involved had expired a few years ago. How do you suppose no one ever noticed that?

The message states:

This application will run with unrestricted access to your personal files and other facilities (webcam, microphone) on your computer.

The digital signature has expired.

The digital signature was generated with a trusted certificate.

Plugin

Daeja Image Systems Ltd

from: http://webapp.montcopa.org

The digital signature was generated with a trusted certificate but has expired.

2011
08.19

IN THE COURT OF COMMON PLEAS OF MONTGOMERY COUNTY, PENNSYLVANIA
CIVIL ACTION – LAW

SONYA HEALY : #2007-12477
:
:
v. :
:
:
TERANCE HEALY :

PETITION REQUESTING THE SCHEDULING OF OUTSTANDING PETITIONS

1. On July 22, 2011, The Defendant filed a PETITION REQUESTING AN IMMEDIATE STAY/RESCHEDULING REGARDING THE ORDER OF JULY 18, 2011 AS THE INCOMPLETE WRITTEN ORDER PLACES THE DEFENDANT IN JEOPARDY.

2. The matter has not yet been scheduled.

3. On August 15, 2011, The Defendant filed a PETITION TO PROCEED IN FORMA PAUPERIS.

4. This matter has not yet been scheduled.

5. The failure to schedule the PETITION TO PROCEED IN FORMA PAUPERIS further delaying the filing of an Appeal to the Superior Court of Pennsylvania.

The above listed Petitions join the following Petitions which remain to be heard by the Court:

Filed August 6, 2010
Plaintiff filed EXCEPTIONS TO THE RECOMMENDATION OF THE CONCILIATOR (2007-12477-210)

Filed August 10, 2010
Defendant filed EXCEPTIONS TO THE RECOMMENDATION OF CONFERENCE OFFICER/MASTER IN SUPPORT (2007-12477-211)

Filed August 12, 2010
Defendant filed EMERGENCY PETITION FOR RELEIF (2007-12477-214)

Filed August 24, 2010
Defendant filed PLAINTIFF”S FAILURE TO COMPLY WITH COURT ORDER DATED AUGUST 22, 2007 (2007-12477-226)

Filed August 24, 2010
Defendant filed PLAINTIFF”S CONTEMPT OF COURT ORDER IN SUPPORT
(2007-12477-227)

Filed September 14, 2010
Defendant filed PETITION REGARDING PLAINTIFF’S EX PARTE COMMUNICATIONS (2007-12477-240)

Filed September 14, 2010
Defendant filed PETITION REGARDING DISCREPANCIES / ERRORS ON INVOICE FOR FEES (2007-12477-241)

Filed December 22, 2010
Defendant filed PETITION FOR THE PRODUCTION OF DOCUMENTS
(2007-12477-277)

Filed December 22, 2010
Defendant filed PETITION FOR THE PRODUCTION OF DOCUMENT
(2007-12477-272)

Filed February 24, 2011
Plaintiff filed EMERGENCY FAMILY PETITION (2007-12477-283)
Defendant filed RESPONSE AND COUNTERPETITION (2007-12477-286)

Filed March 16, 2011
Defendant filed PETITION FOR THE RECUSAL OF JUDGE CAROLYN TORNETTA CARLUCCIO FOR CONSPIRACY, CORRUPTION, FRAUD, INTIMIDATION, CONFLICT OF INTEREST AND DENIAL OF DUE PROCESS/PROCEDURE AND DENIAL OF CIVIL RIGHTS (2007-12477-289)

Filed April 26, 2011
Defendant filed PETITION TO RESCIND / CANCEL THE ORDER OF APRIL 14, 2011 WHICH VIOLATES PA LAW AND THE US CONSTITUTION AND RESCHEDULE ALL OUTSTANDING PETITIONS (2007-12477-295)

Filed June 6, 2011
Defendant filed PETITION TO VACATE ORDER OF MAY 9, 2011 FOR LACK OF JURISDICTION (2007-12477-305)

Filed June 6, 2011
Defendant filed PETITION REQUETING THE SCHEDULING OF UNRESOLVED CLAIMS (2007-12477-307)

Filed June 9, 2011
Defendant filed EMERGENCY PETITION FOR INJUNCTION TO STAY / VACATE THE ORDER OF MAY 9, 2011 FOR LACK OF JURISDICTION

Whereas, the Defendant respectfully requests that:

This Honorable Court perform the function entrusted by the people of Montgomery County.

This Honorable Court recognize that the lives of the parties have been considerably disrupted by the Court’s prolonged and inexplicable inaction.

This Honorable Court cease further inappropriate and unethical ex parte activities which have caused the Court to prevent any hearings, or testimony, or evidence relating to any matter as that information will demonstrate the gross injustices and direct involvement of the judiciary.

That this Honorable Court schedule and hold hearings on the matters which have been brought to its attention in accordance with the procedures and laws of Montgomery County, the Commonwealth of Pennsylvania, and the US Constitution.

Respectfully,

Terance Healy
Defendant
Pro Se

2011
08.18

On Monday, August 15, 2011, I filed the paperwork for the Appeal.

After speaking with the Superior Court to confirm what needed to be completed, I went to Norristown as instructed. That’s where all the rules changed and the runaround begins again. Documents needed. Documents Not Needed. Hearing Required. Unavailable people. Schedules.

Now mind you, I got the research and paperwork started while living on the street and through the courtesy of a Diner owner with free internet use and a very generous spirit.

I’ve adapted to the court making things difficult to accomplish. I had so many versions of everything with me, that I didn’t let their sudden procedural changes deter me… or upset me.

The rules in Norristown are in a constant state of change. Their response to any request for their desk procedures is that they do not have them. Court Administration points to the Prothonotary. The Prothonotary points right back to Administration. (BTW, Lawyers do not have to go through this MANDATED UNDOCUMENTED ASSISTANCE.) Neither group can explain the praecipes I obtained which prove the conspiracy to secretly and improperly cancel hearings without notification to the parties.

It took over 2 hours to get the documents filed.

1. Notice of Appeal – with copies of the latest docket entries.
2. Certificate of Service – to opposing counsel – to Judge Carluccio
3. Requests for Transcript – for March 29, 2011 – for July 18, 2011
4. Petition to Proceed In Forma Pauperis – to cover fees for transcripts, etc.

In Forma Pauperis. Hearing is required before the current on call judge. Judge Carolyn Carluccio.

Since Judge Carluccio has not held a single hearing I have requested in over a year, what do you suppose the chances are of that hearing happening? and on a timely basis? Considering it is Judge Carluccio’s cruel and corrupt actions which have left me with no recourse but to appeal and presented the clear procedural defects which allow an appeal.

Considering the inaccurate and misleading and unethical legal advice she provided in the hearing on July 18th which finally released her jurisdiction and allowed me to proceed with the appeal – of her ‘unappealable’ order from May.

So here’s where things stand… THEY ARE STALLING…. thinking 30 day limit will either create chaos or distort the truth as has been their tactic. Forgetting the law allows for 5 years. (This is how those ‘oh i just discovered we are not divorced’ divorces occur. When they intentionally mess up the paperwork and then mislead you… ONLY TO DISCOVER YEARS LATER, that you are not actually divorced.)

IFP has not been handled… so Norristown will not send the Appeal paperwork to the Superior Court.

Superior Court will not grant the IFP, and offers no alternative.

Superior Court will not get the Notice of Appeal within 30 days. (As the order is defective, and is based on extrinsic fraud, there are 5 years available to appeal the order.)

Judge Carluccio can approve the IFP – since she caused my poverty with her inaction and cruel orders, this seems like an admission.
Judge Carluccio can deny the IFP – and further inflict her malice, this seems to reinforce her injustices
Judge Carluccio can delay the IFP – which is what seems to be happening so far this week.
Judge Carluccio can recuse… but why wait until now to recuse, after I have asked her to recuse several times and documented her malice, corruption, conspiracy, denial of rights, denial of due process… all those real tangible documented issues. Could she be afraid of the IFP?

So Judge Carluccio is able to further delay the Appeal.

Suppose it is an odd question to ask, but WHAT THE HELL IS WRONG WITH SEVEN JUDGES IN THIS COUNTY THAT THEY ARE INCAPABLE OF APPLYING THE LAW OVER THE LAST 5 YEARS?

Oh, yes, they are all trying to cover up the Secret Order issued by Judge Rhonda Daniele which was discovered about a year ago this week. Once I became a victim of that ‘secret’ injustice in August 2007, the only thing left was to be further victimized.

The period permitted for appeals is 5 years for defective orders and extrinsic fraud. How much will it cost to go through all of those hearings we had, and all of the ones we did not have? Will the taxpayers get upset that their $160,000/year judges are wasting time and money, just to hassle one man… who survived the annihilation of his life over the last 5 years.

2011
08.18

Delaying Tactics by Valerie Angst. LIE. These types of letters written by Valerie are so full of fraud and lies, you can’t address them all in any response. Of course it was the initial unethical ex parte letter that got Judge Carluccio into a bind in December 2010. The President of the local bar association was more interested in protecting her lawyers, than ethics, procedures or the law. Once manipulated, it was simply a matter of time until the Angsts exposed the Judge yet again.


THE LIARS WIN AGAIN. Just got notice that the hearing was removed from the schedule. No one even checked with me beforehand.

Valerie Angst gets away with misrepresenting every issue, continuing every proceeding. She does it while violating procedure, law and ethics and does so with so affects.

THEN ITS ALL BLAMED ON ME – WHILE OFFERING NO EVIDENCE TO SUPPORT IT.
THE JUDGE ACCUSES ME OF DELAYING THIS DIVORCE AND SANCTIONS ME.

I AM SO TIRED OF BATTLING LIARS< AND CHEATS AND FRAUDS AND CORRUPT JUDGES. I have to follow every procedure and rule to the letter. It seems no one else does.


August 15, 2011
Master Bruce Goldenberg
Office of the Equitable Distribution Master
Montgomery County Court of Common Pleas
P.O. Box 311
Norristown, PA 19404

Dear Master Goldenberg,

As you are aware I represent Sonya Healy with regard to the above=referenced matter. On July 18, 2011, The Honorable Judge Carluccio issued an order which stated that the parties would exchange certain items of personal property, and all remaining outstanding petition wound be moot. I have attached a copy of the order for your review.

In light of the prior Order, I feel the binding Arbitration matter scheduled for Septembet 8, 2011 is moot at this time. Furthermore, a Hearing for sanctions is scheduled on this matter before Judge Carluccio for September 23, 2011, at which time the personla property can be addressed and she can order binding Arbitration again at that time if she feels it is still needed.

As such, I am asking that you remove the Arbitration set for September 8, 2011 at 1:30 from the calendar until further notice.

Thank you for your attention to this matter. Please advise if the matter will be removed from the calendar.

Very Truly Yours
Angst & Angst, PC
By: Valerie Rosenbluth Angst, Esquire


August 17, 2011
Master Bruce Goldenberg
Office of the Equitable Distribution Master
Montgomery County Court of Common Pleas
P.O. Box 311
Norristown, PA 19404

Re: HEALY v. HEALY #2007-12477

Master Goldenberg,

Please disregard the letter written by Valerie Angst. The misinformation is intended to cause further chaos and delays as she has caused since the inception of this matter in 2007.

First, Mrs. Angst has in no way attempted to contact me before writing to you with this misinformation. Mrs. Angst has never attempted to work anything out prior to involving the court. After 5 years of these tactics, I am not surprised that she continues to operate in bad faith. It is remarkable that she is excused from procedural and ethical standards.

You may recall that Mrs. Angst requested the arbitration session immediately upon receiving the Judge’s Order in May 2011. This was done without making any effort to attempt to divide the marital possessions. I have been evicted and denied any access to my home and my possessions for the last several months. I have spent several weeks living on the street. The actions of Mrs. Angst have been financially devastating to my extended family.

Mrs. Angst’s goal is to never resolve any matter, or follow any court order – the inexplicable impunity to ignore ALL court orders remains unexplained.

In the meantime, since June9, the marital property is being dissipated by Sonya Healy in violation of multiple court orders. I have had no access or method to prevent this from occurring. The complete impunity granted to my wife makes it exhausting to petition the court for any relief, and yet, there is no where else that one can turn to enforce the Court Orders except to an unhearing court.

On July 18, 2011, Judge Carluccio issued a verbal order which could not be executed without having the transcript from the hearing. This was brought to the Judge’s attention during the conference and on the record. It was ignored. Without a written order, the prior order could have been used to have me arrested for going to my home. A Petition was filed with the Court on July 22, 2011, requesting the Order be reviewed/rescheduled. That too has been ignored.

It is worth noting that on July 18th, we were not scheduled before Judge Carluccio to discuss property. We were there to discuss the defective order which was issued by Judge Carluccio on May 9, 2011. We were also there to discuss the list of over nine unresolved petitions before the Court which have been ignored. On July 18, the defects in the order and extrinsic fraud were further demonstrated by Judge Carluccio. Judge Carluccio has continued her policy of ignoring any real issues brought before her court and entertaining the undocumented statements and false allegations by Mrs. Angst.

Judge Carluccio’s determination that ‘all remaining petitions are moot’ does not affect her existing Orders. Additionally, the Hearing scheduled for September 23, 2011 is not in regard to property issues. As such, the Court Order should be followed unless and until another Order cancels it, or replaces it.

I am requesting that you maintain the September 8, 2011 date on your schedule.

Thank You,

Terance Healy


July 21, 2011
Master Bruce Goldenberg
Office of the Equitable Distribution Master
Montgomery County Court of Common Pleas
P.O. Box 311
Norristown, Pa 19404

Re: Healy v Healy
Docket# 2007-12477

Master Goldenberg,

The attached letter was sent to you by opposing counsel, Angst & Angst, prior to any attempt by the Plaintiff to contact me with regard to assets. The plaintiff intentions have been clear that they did not wish to attempt any distribution of assets without Court involvement.

I have been awaiting your scheduling of the matter while being forced to be homeless, and prevented from any access to the home to retrieve personal property, even property which is NOT marital in nature.

I would appreciate your scheduling the matter at your earliest convenience.

Sincerely,

Terance Healy

2011
08.12

Intrinsic fraud is an intentionally false representation that goes to the heart of what a given lawsuit is about, in other words, whether fraud was used to procure the transaction. (If the transaction was fraudulent, it probably does not have the legal status of a contract.)

Intrinsic fraud is distinguished from extrinsic fraud (a/k/a collateral fraud) which is a deceptive means of keeping a person from discovering and/or enforcing legal rights.

It is possible to have either intrinsic or extrinsic frauds, or both.

During a trial, perjury, forgery, and bribery of a witness constitute frauds that might have been relieved by the court. Such actions will usually lead to a mistrial being declared and after any penalties for the involved parties a new trial will take place on the same matter.

Two types of intrinsic fraud in contract law are fraud in the inducement and fraud in the factum.

Fraud in the factum is a legal defense, and occurs where A signs a contract, but either does not realize that it is a contract or does not understand the nature of the contract, because of some false information that B gave to A. For example, if John tells his mother that he is taking a college course on handwriting analysis, and for his homework, he needs her to read and sign a pretend deed. If Mom signs the deed believing what he told her, and John tries to enforce the deed, Mom can plead “fraud in the factum.”

Fraud in the inducement is an equitable defense, and occurs when A signs a contract, knowing that it is a contract and (at least having a rough idea) what the contract is about, but the reason A signed the contract was because of some false information that B gave to A. For example, if John tells his mother to sign a deed giving him her property, Mom refuses at first, then John explains that the deed will be kept in a safe deposit box until she dies. If Mom signs the deed because of this statement from John, and John tries to enforce the deed prior to Mom’s death, Mom can plead “fraud in the inducement.”

2011
08.12

Extrinsic fraud is fraud that “induces one not to present a case in court or deprives one of the opportunity to be heard [or] is not involved in the actual issues ….”

It can involve fraud on the court, but is not necessarily the same.

More broadly, it is defined as:
fraudulent acts which keep a person from obtaining information about his/her rights to enforce a contract or getting evidence to defend against a lawsuit. This could include destroying evidence or misleading an ignorant person about the right to sue. Extrinsic fraud is distinguished from “intrinsic fraud,” which is the fraud that is the subject of a lawsuit.

Extrinsic fraud does not mean merely lying or perjury, nor misrepresentations, nor intrinsic fraud, nor “to matters that could have been raised during the divorce proceeding.” It must involve “collateral … circumstances” such as:
“bribery of a judge or juror,”
“fabrication of evidence by an attorney,”
“preventing another party’s witness from appearing,”
“intentionally failing to join a necessary party,” or
“misleading another party into thinking a continuance had been granted….”