NORRISTOWN, PENNSYLVANIA
| Terance Healy | : |
| : #2013-29976 | |
| v. | : |
| : | |
| David R. Miller | : |
| Jennifer K. Miller | : |
And
DEFENDANTS MEMORANDUM OF LAW
1. Defendants, David R. Miller and Jennifer K. Miller, represented by Philip A. Magen and Scott E. Goldstein, have failed to produce a valid deed or title demonstrating to this Honorable Court a valid claim to the property and residence.
2. Defendants allege the existence of a power of attorney, but have failed to produce a valid power of attorney instrument.
3. Defendants have introduced, as Exhibit 2, a defective and void divorce decree suggesting the Court ignore where (1) the Court lacked jurisdiction to issue any such order; (2) ignore the defectiveness of the order; (3) ignore the lack of the order being a power of attorney in any legal form; (4) ignore the law which makes any power of attorney a nullity within a divorce decree; (5) ignore that every agent acting in the transaction was aware of the inadequacy of the document as authorization.
NO POWER OF ATTORNEY
4. Terance Healy has never granted a Power of Attorney at any person at any time.
5. There is no record of any such Power of Attorney relating to Terance Healy being recorded with the Montgomery County Recorder of Deeds.
6. There is no record of any such Power of Attorney relating to Terance Healy being recorded in the Montgomery County Court Docket.
7. There is no record of any such Power of Attorney being produced or provided to the parties involved in the fraudulent conveyance.
8. On August 8, 2011, Jodi Marlow of Genuine Title indicated to Christina Grucella, Keller Williams Real Estate; Patricia Tagliolini, Coldwell Banker Real Estate; and Alex Mikhelson of Genuine Title that the contract "is not signed properly by the sellers", and that "we need Mr Healy to sign the sales contract or we need a copy of the Power of Attorney." [ Exhibit A ]
9. On August 9, 2011, Jodi Marlow of Genuine Title has attempted "to explain to the realtor that even though it states the wife can be a POA to sell the property that we will still need an original POA signed by the husband and notarized." [ Exhibit B ]
10. On August 9, 2011, BJ Bratzel, an underwriter at Fidelity National Agency Solutions writes "if the husband will cooperate, getting a POA out of him would certainly make it cleaner and easier.” [ Exhibit B ] Terance Healy was not aware of the activity, nor was he a party to the fraudulent conveyance of his home.
11. BJ Bratzel indicates the necessity to ‘Record a certified copy of it’. There is no recorded copy of any additional document with the deed. [ Exhibit B ]
12. In an email on September 7, 2011, Cheryl Hertsch of Genuine Title indicates to Ann Markley of SOS that she has ‘the original document that is to be recorded appointing her [Sonya Healy] to sign on behalf of Terance’. [ Exhibit C ] There is no such document recorded.
13. There is no Power of Attorney instrument filed as a part of any documents with the Montgomery County Recorder of Deeds.
POWER OF ATTORNEY
14. Pennsylvania Law Chapter 56 Sections 5601 through 5611 inclusive govern all powers of attorney.
15. The defective and void divorce order does not follow the General Provisions 56012 with regard to execution, notice and acknowledgement.
16. The defective and void divorce order does not follow the Form of power of attorney 5602 with regard to specification of powers, appointment and filing of the instrument.
17. The defective and void divorce order was not properly implemented with regard to 5603 Implementation of power of attorney.
18. The defective and void divorce order was not handled in accordance with 5604 Durable powers of attorney as it was improperly misrepresented and used to deny Plaintiff from any and all information regarding the property conveyance transaction.
19. The defective and void divorce order could not have been used as a power of attorney as 5605(c) indicates power of attorney is revoked after either principal files an action in divorce.
20. As such, pursuant to Pennsylvania Law the defective and void divorce order presented by Defendants in support of their claim could not be a valid power of attorney instrument.
DEFECTIVE AND VOID DIVORCE DECREE
21. A defective and void defective Divorce Decree was entered in the divorce matter on May 11, 2011. It is a nullity.
22. An Order for Equitable Distribution may only be entered with a valid Divorce Decree, as such the Order of May 9, 2011 is void in its entirety. It is a nullity.
PENDING APPEAL
23. A Notice of Appeal was filed timely on August 15, 2011 and acknowledged by Judge Carolyn Tornetta Carluccio in her Order of August 22, 2013. [ Exhibit D ]
24. A Concise Statement of Errors Complained of On Appeal was filed on September 15, 2011.
EFFORTS TO AVOID THE FRAUDULENT CONVEYANCE
25. All information regarding the sale and fraudulent conveyance of the home was prevented from the Plaintiff.
26. The filing of the Notice of Appeal in the matter lawfully served as a superceadas to the execution of any actions by either party.
27. A Title Search Document from TitlePrep (Global Data Source) Title Processing Services on July 25, 2011 accurately indicates NO FINAL DECREE ENTERED AS OF THIS COVER DATE. [ Exhibit E ]
28. Multiple phone calls to Christine Grucella and the Keller Williams office were not returned. I was forwarded by their receptionist to their attorney who inexplicably refused to provide information.
29. Plaintiff met with Christine Grucella in person at the residence where she indicated she had no information regarding the sale of the home. Christine Grucella lives a few doors away from the property.
30. Letters to Christine Grucella and the management at Keller Williams on August 29, 2011 informed them of the Appeal in process and the acknowledgement of the Appeal by the Court. [ Exhibit F ]
31. A Petition requesting the documents executed by Sonya Healy relating to the Sale was filed with the Court on September 1, 2011.
32. On September 1, 2011, an Injunction Blocking the Sale of the Home was filed with the Court.
33. On September 6, 2011, upon request by Valerie Angst of Angst & Angst, all hearings previously scheduled for Septemeber 20, 2011 were immediately continued to Friday September 23, 2011 by Judge Carolyn Tornetta Carluccio.
34. The fraudulent conveyance of the property took place on September 20, 2011.
35. On September 23, 2011, in Court at the commencement of the proceeding Plaintiff Terance Healy was informed of the fraudulent conveyance of his home and property on September 20, 2011.
36. On September 23, 2011, Judge Carolyn Tornetta Carluccio threatened Terance Healy with contempt and jail if he did not immediately endorse over to Sonya Healy all of the checks from the closing.
37. Pursuant to a verbal Order by Judge Carolyn Tornetta Carluccio all of the Plaintiffs personal possessions – everything of his that was in his house - were disposed of on the closing date which the he had been prevented from learning.
- Prevented by Sonya Healy
- Prevented by Valerie Angst of Angst & Angst
- Prevented by Robert Angst of Angst & Angst
- Prevented by Christine Grucella of Keller Williams
- Prevented by Jason Drissel at Keller Williams
- Prevented by Bruce Neumann, attorney for Keller Williams
- Prevented by Court Administration
- Prevented by Judge Carolyn Tornetta Carluccio
OBSTRUCTION
38. After receiving the Concise Statement of Issue Complained of on Appeal, the Appeal filed on August 15, 2011 was obstructed and prevented from being transmitted to the Superior Court by the Montgomery County Prothonotary at the direction of Judge Carolyn Tornetta Carluccio.
DENIAL OF RIGHTS
It has been the Plaintiff’s divorce experience which has caused him to find himself in the unique position to act lawfully with proper standing while having a valid cause for relief in the proper forum to Challenge the Constitutionality of Rule 1.6 Confidentiality of Information of the Rules of Professional Conduct filed in the United States District Court for the Eastern District of Pennsylvania on August 8, 2013 – Civil Action 13-4614.
Filed by the Plaintiff on behalf of the entire country to address the loss of constitutionally protected civil rights and liberties; restore the integrity of the judiciary and the legal profession; and deliver to the legislature the ability to perform the duties of their office.
In the response to the challenge, Pennsylvania Attorney General Kathleen Kane indicated that the Law being challenged was improperly enacted, not written by the legislature, nor signed by a Governor. The same law has been unlawfully enacted in every State.
The author of the Law is the American Bar Association.
During 2011, Judge Carolyn Tornetta Carluccio was the President of the Montgomery County Bar Association.
FAILURE TO DEMONSTRATE OWNERSHIP
39. The deed mentioned in the Defendants objections is incomplete and improperly filed with the Montgomery County Recorder of Deeds.
40. The suggested Decree and Order dated May 9, 2011 is defective, void and a nullity.
41. The suggested Decree and Order dated May 9, 2011 is not a Power of Attorney instrument.
42. The suggested Decree and Order dated May 9, 2011 cannot grant power of attorney to a divorcing spouse. A divorce decree invalidates a power of attorney one spouse may have for the other.
FRAUD AND FORGERY
43. The closing documents demonstrate the fraud alleged in the Plaintiff’s complaint.
44. Sonya Healy misrepresented several pages of a defective and void divorce decree and equitable distribution order as or some sort of power of attorney.
BAD POWER OF ATTORNEY
45. Sonya Healy did not have any authorization, power of attorney or valid court order to sign any documents for the Plaintiff.
MISREPRESENTATION OF MARITAL STATUS
46. Sonya Healy signed a Continuous Marriage Affidavit document at the closing indicating that she was legally married. [ Exhibit G ]
47. Sonya Healy used a defective and void divorce order to misrepresent her having a power of attorney.
48. Sonya Healy is correct that she is legally married. In swearing to that statement she acknowledges the defective and void divorce decree. Further evidence that she did NOT AT ANY TIME have a power of attorney or authorization which would have allowed her to sign for the Plaintiff.
49. The Court may excuse a party for actions tasken unknowingly when a divorce decree is questioned as long as their actions indicate a consistent belief of either being divorced or married.
50. Sonya Healy swears she is married during the transaction where she purports to have a power of attorney based on a dicvoce decree. Her actioons are inexcusable and deliberate and made with the intent to commit fraud.
SUBPEONAS FOR INFORMATION
51. Plaintiff has served participants in the fraudulent conveyance with subpoenas for documents. Those documents will be organized, prepared and filed with this court.
52. Documents received from Genuine Title indicate "speak to our corp counsel" and "don;t give any info unless supeana". [ Exhibit H ]
53. Jay Zuckerberg, President of Genuine Title responded to requests for information by emailing "Sir, you will need to go through the courts as we went off the courts instructions as well." There were NO COURT INSTRUICTIONS in thwe documents provided after Genuine Title was served with a subpeona.
MEMORANDUM FORMAT.
54. Where the represented parties in this case have submitted identical documents to this Honorable Court, one numbered and titled as “Preliminary Objections” and the other unnumbered and titled as a “Memorandum of Law”, the pro se Plaintiff respectfully begs the Courts direction if this is an expectation or a necessary requirement to duplicate pleadings before this Court.
WHEREAS, Plaintiff respectfully requests this Honorable Court restore the Plaintiff’s property to the true and rightful owner by issuing an Order for Ejectment to the Defendants to immediately vacate the property and residence.
Respectfully,
Terance Healy
CASE DOCUMENTS
Civil Complaint – Action in Ejectment ( PDF )
Emergency Praecipe for Immediate Eviction / Order of Possession( PDF )
Emergency Praecipe for Immediate Eviction/Order of Possession (Addendum)( PDF )
Defendant’s Preliminary Objections and Defendant’s Memorandum of Law ( PDF )
Plaintiff Responds to Defendant’s Preliminary Objections and Defendant’s Memorandum of Law
( PDF )
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