11.18
| COMMONWEALTH OF PENNSYLVANIA | #3151-15 |
| #MJ-38118-CR-0000096-2015 | |
| v. | |
| Terance Healy |
The criminal allegations are unfounded.
I have not previously and do not intend to waive any rights under Pennsylvania Law, the Pennsylvania Constitution or the Constitution of the United States.
I have not signed any Waiver of Counsel. There has been no colloquy. The inability to be represented by counsel is affected by an improperly enacted and collaterally unconstitutional Rule 1.6 Confidentiality of Information.
Rule 1.6 causes a complete and absolute denial of any protection of the law and all constitutionally protected rights are ignored.
My appearance at this, or any, proceeding should not be misconstrued in any way to suggest or indicate any waiver of any protection of the law or the constitution of the Commonwealth of Pennsylvania which provide for the jurisdiction of the courts.
HISTORY
The deliberate and intentional neglect and failure of the Montgomery County Office of the District Attorney since 2007, under both Bruce Castor and Risa Ferman, has caused the Defendant to be denied any protection of the Law and all rights presumed to be protected by the Pennsylvania Constitution and the Constitution of the United States.
Where seeking redress through the Pennsylvania Legislature to address a purported lack of jurisdiction, and the assistance of the Governor in enforcing the Law, the Defendant has been subjected to the false allegations of Montgomery Township Police officer Gerry Dougherty.
Those allegation are supported by the testimony, which includes the contrived and imagined events, of persons who have stolen the home of the Defendant through fraudulent conveyance. A crime which the District attorney has REFUSED to prosecute. The facts of the fraudulent conveyance has been used by those witnesses to claim an almost $400,000.00 settlement from the title insurance. The witnesses have profited GREATLY from their participation in the crime.
The witnesses have directly threatened the Defendant through planning provisioning and training to murder the Defendant in a letter provided to the Office of the District Attorney. The District Attorney has neglected to address the crime.
The negligence and failure to respect the law and the rights of the defendant has been brought to the attention of Pennsylvania Attorney General Kathleen Kane – under attack to prevent investigation.
CONTENTS
DISTRICT ATTORNEY NEGLIGENCE – Criminal Affirmance
ATTEMPTS TO RESOLVE ISSUES DIRECTLY WERE UNANSWERED
ISSUES RAISED IN DEFENDANT STATEMENTS ARE IGNORED
ABUSE OF DISCRETION
OFFICIAL OPPRESSION
THE VALIDITY OF SIGNATURES
TIMELINESS OF DOCKET ENTRIES
DELIBERATE ACTIONS WHICH UNDERMINE/PREVENT APPEAL
DELIBERATE NEGLECT AND FAILURE BY THE ATTORNEY FOR THE COMMONWEALTH
DELIBERATE NEGLECT AND FAILURE BY THE PUBLIC DEFENDER
ATTORNEY CLIENT PRIVILEGE
– Unconstitutional affect of relationship between the District Attorney and staff (clients)
EXCLUSIVE AUTHORITY OF PROSECUTORS AND INVESTIGATORS
– Ferman v. Montgomery County Commissioners
ABUSIVE INVESTIGATIONS – Sealed by Grand Jury
OVERSIGHT – Pennsylvania Attorney General Kathleen Kane
– RULE 521 Challenge to Constitutionality filed with the Superior Court of Pennsylvania
NEW YEARS EVE MANIFESTO BY BRUCE CASTOR
– “a person who spends his/her professional life figuring how to [screw] others”
– “set the board up just right and striking at the precise moment where the object of the attack
cannot recover”
– “Don’t pick a political fight against someone schooled in how to really hurt you.”
NON-WAIVER OF COUNSEL
PENDING APPEALS
SUBJECT MATTER JURISDICTION
PRIOR STATEMENTS OF DEFENDANT
CONCLUSION
DISTRICT ATTORNEY NEGLIGENCE – Criminal Affirmance
– Attorney for The Commonwealth, Public Defender, Contracted Personnel
– CRIMINAL AFFIRMANCE: GOING BEYOND THE DETERRENCE PARADIGM TO EXAMINE THE SOCIAL MEANING EXPRESSED BY EXERCISING DISCRETION TO DECLINE PROSECUTION OF ELITE CRIME (EXHIBIT A)
ATTEMPTS TO RESOLVE ISSUES DIRECTLY WERE UNANSWERED
ISSUES RAISED IN DEFENDANT STATEMENTS ARE IGNORED
The attorney for the Commonwealth and the Montgomery County District Attorney have been contacted to address those issues which affect the proceeding on this date.
There has been no response to questions.
There has been no response to documents filed with the court and served to the district attorneys office.
There has been no response to phone calls and messages.
The staff of the District Attorney has repeatedly ended calls where the Defendant is following the instructions on forms received. This includes support staff, attorneys and personnel responsible for providing complete documents in INFORMATION packages.
The attorney for the Commonwealth, the District Attorney, and the staff of the District Attorney have failed to respond to email.
The attorney for the Commonwealth, the District Attorney, and the staff of the District Attorney have failed to respond to tweets.
ABUSE OF DISCRETION
– Letter purported to be from Judge Carpenter October 22, 2015
– Letter purported to be from Judge Carpenter October 28, 2015
– Lack of signatures on related paperwork (computer generated signatures)
– Failure to provide, mail or serve fraudulent documents through the USPS
– Errors on the Court Docket
– List of ALL Documents
OFFICIAL OPPRESSION
– Denial of Rule of Law
– Constitutional Rights Ignored
– False Arrest
– Infliction of Emotional Distress
– Malicious Prosecution
– Intent
– Duress
– Coercion
– Negligence
THE VALIDITY OF SIGNATURES
The signatures on documents received from the Office of the District Attorney are art files, computer generated, rubber stamps, copies, etc.
There is no way of determining the validity of the signatures, or if the documents are forgeries intended to add more chaos, misdirect from facts and/or further conceal the false allegations.
There is no way of determining the validity of signatures on Court Orders. There is no original signed document, and documents have computer generated art files, rubber stamps, or no signatures.
The Clerk of Courts is unable to indicate a method by which signatures and documents are validated.
TIMELINESS OF DOCKET ENTRIES
Entries are not made on a timely basis to the Court Docket.
There is no way of determining when the clerk of courts has made an entry to the docket.
DELIBERATE ACTIONS WHICH UNDERMINE/PREVENT APPEAL
The documents in this matter neglect to indicate the elements necessary for the jurisdiction of this court.
The failure of the attorney for the Commonwealth to follow the laws and procedures of the Commonwealth cause a lack of jurisdiction for this court to review or decide on this matter.
The documents in this matter have not been docketed in a timely manner.
The documents in this matter have not been provided to the Defendant.
The documents in this matter have not been signed by the judge.
These deliberate failures prevent timely appeal and additionally prevent any review where jurisdiction is lacking to review the matter on Appeal.
DELIBERATE NEGLECT AND FAILURE BY THE ATTORNEY FOR THE COMMONWEALTH
The attorney for the commonwealth is a client of the District Attorney.
The attorney-client privilege aspect of Rule 1.6 Confidentiality of Information prevents any actions to address the deliberate failures to follow the Law, the Rules of Criminal Procedure, and the US Constitution where the attorney deliberates neglecting her responsibilities is represented by the District Attorney.
DELIBERATE NEGLECT AND FAILURE BY THE PUBLIC DEFENDER
A Public Defender has indicated that he has been assigned to the case and has begun filing documents.
He has not contacted the Defendant, nor has he returned calls, nor has he provided copies of the documents purportedly filed on the behalf of the Defendant.
The Public Defender is a client of the District Attorney.
The attorney-client privilege aspect of Rule 1.6 Confidentiality of Information prevents any actions to address the deliberate failures to follow the Law, the Rules of Criminal Procedure, and the US Constitution where the attorney deliberates neglecting his responsibilities is represented by the District Attorney.
The Public Defender was ordered to withdraw from the matter and strike all documents filed with the Court. This has NOT occurred.
The Documents provided within the INFORMATION are incomplete. The District Attorney’s Office has neglected to address the reported issues, or to return calls and messages.
ATTORNEY CLIENT PRIVILEGE
– Unconstitutional affect of relationship between the District Attorney and staff (clients)
THE DELIBERATE AND INTENTIONAL FAILURE TO FOLLOW THE LAWS AND THE RULES OF CRIMINAL PROCEDURE AND THE NEGLECT BY THE DISTRICT ATTORNEY AND THE ATTORNEY FOR THE COMMONWEALTH CAUSE A DENIAL OF THE PROTECTION OF THE LAW FOR THE DEFENDANT AND IGNORE THE CONSTITUTIONAL RIGHTS OF THE DEFENDANT… while concealed and remaining unaddressed pursuant to Rule 1.6 Confidentiality of Information.
If this is of no Concern to the Attorney for the Commonwealth, I propose they provide a waiver of ALL Confidentiality between themselves, the Commonwealth and ANY AND ALL persons, offices and organizations with which they have a relationship.
EXCLUSIVE AUTHORITY OF PROSECUTORS AND INVESTIGATORS
– Ferman v. Montgomery County Commissioners (EXHIBIT B)
ABUSIVE INVESTIGATIONS – Sealed by Grand Jury
There has been a deliberate failure by the Montgomery County Office of the District Attorney to respond to or address any crimes reported by the Defendant since 2007.
OVERSIGHT – Pennsylvania Attorney General Kathleen Kane
– RULE 521 Challenge to Constitutionality filed with the Superior Court of Pennsylvania
NEW YEARS EVE MANIFESTO BY BRUCE CASTOR (EXHIBIT C)
– “a person who spends his/her professional life figuring how to [screw] others”
– “set the board up just right and striking at the precise moment where the object of the attack
cannot recover”
– “Don’t pick a political fight against someone schooled in how to really hurt you.”
NON-WAIVER OF COUNSEL
I do NOT waive the right to be represented by an attorney/lawyer/counselor.
I am destitute and cannot afford an attorney.
Every attorney within the Commonwealth of Pennsylvania is mandated by the Rules of Professional Conduct UNLESS and UNTIL they recognize the unconstitutionality of the law enacted by the Supreme Court of Pennsylvania.
A waiver of counsel with the knowledge of potential “dangers and disadvantages of self-representation” cannot be executed where comprehension, acknowledgement and experience demonstrate the affect of Rule 1.6 Confidentiality of Information which causes the facts to be ignored.
Defendant recognizes that this Court will likely proceed without regard for the procedures and laws established in the Commonwealth of Pennsylvania and THAT DELIBERATE AND BLATANT DISREGARD will be ignored at every level of the Court pursuant to Rule 1.6 Confidentiality of Information.
The Defendant recognizes that the judiciary have improperly enacted Rule 1.6 into law without authority.
The Defendant recognizes that the judiciary have mandated CONFIDENTIALITY with regard to the improperly enacted and collaterally unconstitutional Rule 1.6 Confidentiality of Information.
The Defendant has communicated the issue to the Pennsylvania Legislature as the Legislature has the sole authority to suspend a law pursuant to the Constitution Of Pennsylvania.
The Defendant has communicated the issue to Governor Thomas Wolf as the governor has the authority to call the Legislature to Harrisburg to address the issue.
The Attorney General of Pennsylvania, Kathleen Kane, has been kept informed of the matter as her responsibilities include review of the constitutionality of laws within the commonwealth.
Kathleen Kane has indicated in the media that ‘secret orders from unidentified courts’ mandate that she personally neglect the responsibilities of the Office of the Attorney General to which she was elected.
– Those orders correspond to actions in the Superior Court of Pennsylvania where the responsibilities to address the constitutionality of a state law pursuant to Rule 521 has resulted in the unavailability of orders and documents in several cases. The Superior Court has not substantiated their actions in law.
PENDING APPEALS
There are currently two related Pending Appeals filed with the Superior Court of Pennsylvania.
The certified valid paperwork has not been provided to the Defendant in a timely manner.
No documents received from the County or Superior Court are signed by authorized persionnel.
SUBJECT MATTER JURISDICTION
The actions of the Court in this matter are UNEXPLAINED and/or UNSUBSTANTIATED where issues which have not been addressed by the District Attorney deny the court of proper subject matter jurisdiction in this matter due to deliberate procedural errors, the failure to follow procedures and laws, and the failure to address the rights of the defendant protected by the constitution of the United States.
The following topics require more research and effort on the part of the Defendant who has not been provided time to research and prepare while attempting to address the issues involved in the matter before this Court.
In the interest of keeping the Court advised and informed of issues and questions which are raised regarding the matter, the Defendant respectfully provides the following listing:
1. The Defendant requests to be formally informed of the Charges against him.
2. The ‘Arraignment’ paperwork indicates “SEE TRANSCRIPT” yet, the Defendant has not been provided the transcripts for the matter.
3. The revised copies of the complaint have not been signed by the District Attorney as required by law.
4. Their appears to be a conflict of interest with the Montgomery County Judiciary. A majority of the judges having been directly involved in matters which relate to this case since 2007.
5. Their appears to be a conflict of interest where the matters directly relate to ‘secret orders from unidentified courts’ which prevent Kathleen Kane from her elected responsibilities as Attornry General of Pennsylvania.
6. There appears to be a direct conflict of interest where the Montgomery County District Attorney has neglected to address, investigate, prosecute or respond to criminal complaints which relate to the matter and which demonstrate the ‘confidential’ neglect caused by Rule 1.6.
7. The Defendant requests the Court excuse the costs of subpoenas which must be served in this matter to properly prepare a defense. Subpoenas must be served upon the entire Pennsylvania Legislature, several courts which have neglected to provide documents, the Office of the Attorney General, county and local law enforcement agencies, and others.
8. The Defendant has not received complete documentation in the INFORMATION recently received from the District Attorneys office which has been contacted and refused to address the missing documents and pages.
9. An apparent forgery of the signature of Risa Vetri Ferman appears on the incomplete INFORMATION when compared to the signature which appears on the Complaint served upon Kathleen Kane in recent days.
10. Where the incomplete information prevents the Defendant from preparing an effective and complete defense to the, as yet, informal charges identified, Defendant requests the Court address the failure to of the District Attorneys office to follow procedures and laws and provide a deadline for the production of items which have been available for the preparation of the case against him.
DEATH THREAT
Within the INFORMATION paperwork provided was a five page document from a witness in the matter which demonstrates an effort to provision, plan and train to kill the Defendant based on irrational, paranoid and delusional events.
The District Attorney’s Office have had this document since March and failed to advise the Defendant of this credible threat to his life.
The witness is living in the Defendant’s Home and has not produced any documents which contradict the documented, reported and neglected fraudulent conveyance of the property, or demonstrate a ‘purported’ lawful ownership of the property.
The Office of the District Attorney has refused to address the issue.
The Montgomery County Court of Common Pleas has improperly denied jurisdiction with prejudice.
The Superior Court of Pennsylvania documents are incomplete, unsubstantiated, and unsigned. The paperwork supports the decision of the lower court.
Where access to the courts is being improperly prevented by an incorrect lack of jurisdiction, the matter was raised in February to the Governor and the Legislature to address this lack of jurisdiction. It is my understanding that my document is the basis for the criminal charges.
Yet, a letter which clearly plans, provisions and trains for the Defendant’s execution based on detailed deluded and paranoid ideations has been ignored.
PRIOR STATEMENTS OF DEFENDANT
The Defendant hereby incorporates all prior Statements, in their entirety, made regarding this matter:
STATEMENT OF DEFENDANT ON APRIL 9, 2015
STATEMENT OF DEFENDANT ON APRIL 9, 2015
STATEMENT OF DEFENDANT ON JUNE 10, 2015
STATEMENT OF DEFENDANT ON AUGUST 10, 2015
STATEMENT OF DEFENDANT ON SEPTEMBER 16, 2015
STATEMENT OF DEFENDANT ON OCTOBER 14, 2015
The Defendant hereby incorporates all documents listed on the four page listing of Documents in this matter, and requests the DOCKET be corrected to reflect the proper title and date. (EXHIBIT D)
CONCLUSION
The true threat in this matter is being ignored. Rule 1.6 has that influence on the integrity of the judiciary and the legal profession while under a confidential mandate to undermine and deny the constitutional rights of litigants.
Any litigant once denied of the protection of the law and their constitutional rights can be subjected to a volume of paperwork intended to overwhelm and deny any life, liberty or pursuit of any future life WHERE A DEFENDANT IS REQUIRED TO DEFEND THEMSELVES.
Respectfully Submitted,
Terance Healy
EXHIBIT A
EXHIBIT B
EXHIBIT C
EXHIBIT D
