Saturday, July 19, 2014

The Weilheimer Opinion

Judge Gail Weilheimer has finally written her long delayed Opinion in Healy v Miller.

Thank You to Judge Weilheimer for demonstrating the Rule 1.6 impact so cleanly.

In the judge's seven page opinion, Judge Weilheimer presents the techniques used by judges nationwide in the delivery of injustice and denial of facts, misdirected rule of law, and blindness to constitutional rights.

DO THESE JUDGES THINK THEY ARE FOOLING ANYONE?
THIS 'GAME' BEING PLAYED IS AT THE EXPENSE OF MY LIFE, MY FAMILY, MY LIBERTY.
CLEARLY, The judges DO NOT CARE about you, your family, the law, their integrity, your dignity, their lack of self-respect, your life, your liberty, their abuse of power, your civil rights, your human rights.

Rule 1.6 mandates concealing their corruption and injustice... and THAT IS WHAT THEY DO.

In their arrogance, they fail to address their fault and their responsibility for causing a nationwide constitutional crisis in the United States, while preventing any resolution to the sedition by the American Bar Association which has undermined the authority of every court in the country.




The initial complaint (Healy v Miller) was to have been filed in Montgomery Township in August 2013.

This filing was prevented by the Administrator for that court when she interrupted the proceeding, took the papers directly from Judge Andrea Duffy's hands, and returned them to me indicating I should leave. As the judge had never before seen behavior like this from an Administrator, I requested the opportunity to explain. This is how a person is treated when they have no rights and no protection of the law.

The Constitutional Challenge of Rule 1.6 was included as part of the documents submitted to the court. Judge Duffy had just experienced the affect of Rule 1.6. I informed her that as an American she cannot imagine being without her constitutional rights, and that was why she was unable to recognize and identify and explain the actions of her administrator.

What Judge Duffy had witnessed was a denial of access to the courts, and a prevention of any recourse for grievances. By procedure and Pennsylvania law, the Administrator could have forwarded the matter to the Common Pleas Court in Norristown. Instead, she interrupted a hearing, caused needless drama, involved the police. prevented other district court office personnel from action, and attempted to intimidate and threaten a litigant. Judge Duffy watched the judicial process being undermined in her own courtroom. The Administrator following instructions from Norristown to prevent or end any proceeding in the District Court.

The only way for a judge to maintain their integrity when Rule 1.6 is 'in play' is to do nothing. This has been demonstrated by Judge Haaz, and by Judge Boylan in Bucks County.

The complaint was filed October 3, 2013 in the Common Pleas Court.

[FIVE MONTHS LATER]

The hearing took place on March 5, 2014 with Judge Weilheimer ruling immediately at the end of the hearing.

The Appeal was filed on March 6, 2014.

Concise Statement was ordered and served upon the judge on March 27, 2014.

[THREE MONTHS LATER]

A Motion to Compel the Opinion was filed in June 2014, and ignored.

The Montgomery County Prothonotary had once again not sent the case file and court record to the Superior Court.

On July 1, 2014, The Superior Court of Pennsylvania sent a letter requesting the Opinion and case files from Montgomery County.

On July 14, 2014, The Motion to Strike A Defective and Void Order was filed with the Superior Court and served on the Miller's and their attorney.

On July 18, 2014, Judge Weilheimer issued her Opinion.

Let's count the ways in which Judge Weilheimer has twisted her words to conceal the truth. The truly offensive part is that the courts deliberate neglect shows carelessness and disregard for the litigants, the law, and the facts.

The court has been provided another opportunity to address the lack of jurisdiction which the court has IGNORED since June 2011. Over 75 times, the court has IGNORED the defective and void order issued without jurisdiction. Clearly, a litigant cannot cause the judicairy to be just and honest once a case has been corrupted pursuant to Rule 1.6.

NOTE TO COURT: The Plaintiff is very aware of what has occurred and the malicious intent of Carolyn Tornetta Carluccio. The responsibility to inform the court of the defective order so that the Court could take action to address the defect was met and presented repeatedly. While the court neglected its responsibility and perpetrated additional injustice, the litigant was denied the protection of the law, rights and privileges secured by the Constitution of the United States, and mistreated with tremendous disrespect while his life, liberty and property were being unlawfully destroyed.


QUESTION:
WHY HAS NO ONE PRESENTED ANY INFORMATION WHICH DEMONSTRATES THE ELEMENTS OF JURISDICTION NECESSARY FOR THE COURT TO ISSUE A DIVORCE DECREE?

ANSWER:
THE COURT LACKED JURISDICTION. THE ORDER IS VOID AB INITIO.

PROBLEM:
WHERE JURISDICTION DID NOT EXIST, THERE IS NO ABILITY TO ASSERT JURISDICTION RETROACTIVELY.

The actions of Carolyn Tornetta Carluccio were not judicial, and are not excused by judicial immunity. The refusal to address the malicious abuse of power under color of law initiated by Carolyn Tornetta Carluccio further executed and denied review by county personnel is well documented.

Those actions demonstrate a conspiracy within the court involving extrinsic and intrinsic fraud which also affects the immunity of the prior judges who have acted improperly in this matter.


The injustice began with the issuing of the secret order (undocketed, undistributed to Terance Healy) by Judge Rhonda Daniele in August 2007.

Judge Dickman was not likely aware of the secret order. Judge Dickman's notes on an Agreed Order indicated her anticipation for vexatious litigation by Angst & Angst. Judge Dickman died in late 2007.

Judge Ott reviewed considerable documentation and evidence and issued a Protection from Abuse order with regard to the technology intruding into computers, phones and networking equipment.

Judge Tilson dismissed The Protection from Abuse order regarding technology intrusions of computers, phones and networking equipment.

Judge DelRicci failed to enforce Sonya Healy's compliance, or sanction her contempt of ANY AND EVERY court order.

Judge DelRicci incarcerated me for contempt of an order which had not yet been before a judge, or signed by any judge.

Judge Del Ricci participated directly in the conspiracy to conceal the secret order, and prevent the scheduling of custody proceedings.

Judge Del Ricci intervened with the police, county detectives and the District Attorneys Office to prevent Sonya Healy, and 20 others (including the parties children) from being prosecuted for breaking and entering, and burglary in defiance of an Agreed Court Order and misrepresenting to police that the 'secret order' authorized her to have access to the house.

Judge DelRicci prevented custody or visitation, delayed custody proceedings, issued ex parte orders without holding proceedings, and then recused himself while threatening me with litigation accusing me of liable and slander on the internet. (He never produced the offending document.)

Judge DelRicci neglected enforcement or excused compliance by Sonya Healy of any discovery order which would reveal her technology intrusions.

Judge Tilson issued several ex parte custody orders without holding or scheduling any proceedings and threatening incarceration should I take any action to prevent my son from leaving the United States alone - even where his orders were contrary to procedure, state and federal law, and the Hague Convention.

Judge Bertin manipulated the pleadings, delayed scheduling of hearings, and issued orders which caused criminal actions to be 'not cognizable' once they were no longer a part of the family court pleading from which it was split.

Judge Bertin failed to enforce Sonya Healy's compliance, or sanction her contempt of ANY AND EVERY court order.

Judge Coonahan refused to act on Emergency Petitions, failed to enforce Sonya Healy's compliance, or sanction her contempt of ANY AND EVERY court order, or to schedule any proceedings while the case was assigned to her.

Judge Barrett showed such extreme disrespect that his recusal was requested after the first hearing before him. It was granted.

Judge Carluccio took me for a complete fool who would believe everything she said no matter how preposterous.

Judge Carluccio failed to enforce Sonya Healy's compliance, or sanction her contempt of ANY AND EVERY court order.

Whenever she realized that I was prepared for emergency hearings and had filed hearing statements, she would continue the proceedings; then, repeatedly reschedule in anticipation that I might not appear and the petitions would be dismissed for non-appearance. As a result, I had to be prepared for any and all of 15 petitions which had been outstanding and unheard for over a year.

When I appeared for an uncancelled hearing, based on an Order to Appear, Depuities were provided a false report of a threat. Opposing counsel and parties failed to appear after having indicated their understanding that the hearing was not cancelled in a letter to the court.

Judge Carluccio was corrupt and manipulative from her first action.

Judge Carluccio refused to recuse and was determined to do damage.

As the President of the Montgomery County Bar Association, Judge Carluccio always concealed the deliberate errors and misconduct of lawyers in her court - even where the lawyers actions caused the court to not have proper jurisdiction.

Judge Carluccio prevented the Appeal from delivery to Superior Court of Philadelphia.

Judge Haaz upon realizing that he had no jurisdiction for the hearing, ended the proceeding and instructed Court Administration to schedule it.

Judge Coonhan failed to schedule any proceeding while assigned the case.

Judge Page was assigned the case in December 2012. Though the court lacked jurisdiction while an appeal was pending in the Superior Court, Judge Page ordered the proceeding to occur.

Judge Page rescheduled the proceeding just about every day for a period of a month. An attempt to confuse and prevent the scheduling of witnesses.

Judge Page indicated during the hearing that I had plenty of time to schedule witnesses to appear even though he had only scheduled the proceeding the night before.

Judge Page ignored that he did not have proper jurisdiction to conduct a hearing.

Judge Page ignored the evidence of the defective divorce decree.

Judge Page ignored that there had been no evidence of contempt. Though Judge Carluccio's orders were defective and void, I followed the orders.

Where orders were issued part on paper and part on the court record/transcript, Judge Page lacked documentation of the judge's complete order.

Judge Page instead chose to issue an absurd order for over $300,000 in penalties for contempt to a party kept unemployed by years of constant litigation, and made destitute and homeless by judicial corruption and lawlessness.

The Montgomery County Judiciary continued to ignore their complete disregard for the law.

When seeking to appeal Judge Page's Order, there was not one judge in the courthouse willing to hear the Petition to Proceed In Forma Pauperis. There had been multiple IFP's filed over the years, each was ignored without proceedings.

Judge Wall having failed to issue any decision after two proceedings.

The judiciary was content that they had left me destitute and homeless and had deliberately perpetrated the disposal of everything I owned.

Judge Austin left me standing in the hallway outside her court for hours while she entertained guests in her courtroom, only to send out a member of her staff to indicate she would not conduct the IFP hearing.

At the end of the long day, Judge Page signed the IFP. The Appeal moved forward. Transcripts were ordered.

Once the Concise statement was delivered to his chambers, Judge Page revoked the IFP without any proceeding or explanation, further instructing the Court Reporters to NOT produce the transcripts.

To Appeal THAT corrupt and void order would require a judge to approve a new IFP. A new IFP must be filed for every action. Apparently, the fact that I was destitute and homeless and terrorized by litigation since 2007, was no reason to stop the injustice.

It became very clear that there was no denying that the corruption and injustice of the Montgomery County Judiciary was meant to compel my suicide. Something which I was not capable of delivering.

The County then failed to send the complete court records to the Superior Court. Even the exhibits from the proceeding before Judge Page were NOT included. The Superior Court denied a motion to compel without explanation. The Supreme Court would do the same. Even if they issued a Mandamus Order for the court to provide the paperwork, the lower court could refuse... BECAUSE TO PROVIDE THE COURT RECORD OF THE EXTREME INJUSTICE EXPERIENCED ON THE RECORD WOULD ADVERSELY AFFECT THE INTEGRITY OF THE JUDICIARY.

I sent a short letter to the Judiciary of Montgomery County asking the direct question, "WHAT THE F%&K IS WRONG WITH YOU?" There was no response from any judge to the question.

In July 2013, I discovered the undocumented power (and purpose) of Rule 1.6 - Confidentiality of Information.

Rule 1.6 was rolled out by the American Bar Association and enacted to prevent the prosecution of judges for judicial corruption and injustice. To protect the integrity of the Cook County Courts reeling from the sting of the FBI's OPERATION GREYLORD, the AMA would undermine the judiciary in every state with the LAW which further MANDATED the compliciteness and participation of EVERY lawyer.

LAWYERS CANNOT FIX THE RULE 1.6 INJUSTICE. RULE 1.6 PREVENTS IT.

Each state Supreme Court aggressively enforces Rule 1.6. The state policy even conceals the entire situation where a lawyer admits to the violation and submits to the discipline - there is no publication, or public record of the lawyers violation of the rules of professional conduct. Where a case has been undermined by unethical and unscrupulous lawyers, all the lawyer need to do is admit it (in private) and they are permitted to continue the injustice... CONFIDENTIALITY.

The lawyers may then proceed further with complete disregard for due process and procedures, and the injustice continues with a judge trying to conceal the deliberate misconduct of the attorneys in the case. For example, Judge Page holding a hearing without jurisdiction while the matter is with the Superior Court. The failure to permit the first Appeal (August 2011)to proceed causes the corruption to continue, and to grow.

Healy v Healy includes more corrupt judges and courthouse personnel than the FBI's Operation Greylord prosecuted and jailed.

The Courts were all hiding behind Rule 1.6 and preventing evidence and obstructing justice. The courts could ignore every law, procedure, constitution, etc by writing fiction in their Orders and Opinions.

It became necessary to address the loss of constitutionally protected rights. The loss was clearly evident without delving into the full story once the matter had arrived in Superior Court.

After the deadline for an Answer had passed for the Pennsylvania Attorney General and it was clear that the 56 state Attorneys General would default to restore people's constitutional rights nationwide, a unexplained and unexcused late filing under an improper title was filed by an attoerney electronically without a signature purportedly on behalf of Attorney General Kathleen Kane.

The Eastern District Court follows Rule 1.6 as enacted by the Pennsylvania Supreme Court.

Attorney General Kathleen Kane could not violate the confidentiality of an employee in her office. As her staff are her clients, she is mandated to maintain confidentiality of information. EVEN WHERE HER LAWFUL AND CONSTITUTIONAL ACTION TO DEFAULT HAS BEEN UNDERMINED... and would further undermine the matter for the other 55 Attorneys General who have also defaulted in the matter.

The integrity of the Eastern District Judge was sacrificed as he failed to substantiate his decisions based on fiction and misinformation. Rule 1.6's MANDATE of confidentiality had undermined it's own constitutional challenge.

The Third Circuit Court of Appeals follows Rule 1.6 as enacted by the Pennsylvania Supreme Court.

In affirming the dismissal the Third Circuit panel neglected to present any facts which would support their decision. Their integrity was sacrificed pursuant to Rule 1.6 to conceal the injustice caused by Rule 1.6.

The Constitutional Challenge is currently being presented to President Barack Obama and the United States Congress concurrently with submission to the Supreme Court of the United States. A necessity as SCOTUS may not be lawfully permitted to address the corruption which the state judiciaries have caused IN EVERY STATE.


If you find the experience in the above box exhausting to read, you must understand that the above is only the biggest of the injustices delivered by each judge. The indiginities suffered while they annihilated my life, liberty and any happiness have terrorized every minute of every hour of every day since 2007 without any break.

This web site documents much of the injustice of the experience, BUT it is by no means a complete listing.

In all sincerity, even typing the summary above tears at my spirit and causes me to relive the most horrific years of my life while still not knowing when the courts will address their own corruption.




The Bottom line is Judge Weilheimer completely neglects to address the lack of jurisdiction for the Court to issue the Order of May 9, 2011.

Judge Weilheimer completely neglects to address the uncontested and unrefuted testimony in her court which demonstrated the lack of jurisdiction.

Judge Weilheimer completely neglects to address the lack of jurisdiction while ignoring the rule of law, precedents and case law which exist in state and federal courts.

The clear demonstration of her lack of integrity, the recently elected and sworn to office in January 2014, Judge Weilheimer presents that after less than 2 months serving on the Montgomery County bench she would deny a litigant justice in spite of overwhelming evidence and facts already on the court record to conceal the corruption of the Montgomery County judiciary.

Shameful. The only possible redemption would be for her to come out publicly in support of the Constitutional Challenge of Rule 1.6. The challenge was filed to restore the integrity of the judiciary. For Gail Weilheimer, there may be hope. By her own choice, Rule 1.6 stole her integrity.

Would she have the courage to regain some self-respect by preserving protecting and defending the Constitution of the United States.

For Rhonda Daniele and Carolyn Tornetta Carluccio, their malice and terroristic injustice designed to cause my suicide show they lack any inclination towards redemption.

The rest in varying degrees are in a similar situation. Judge Page crafted the proceeding in his court to deliver an injustice which could put me in jail to pay off over $300,000 in contempt charges. No amount of time in his twisted church will lessen the terror his injustice has caused to me, and to others.

JUSTICE IS COMING. Rule 1.6 Confidentiality of Information of the Rules of Professional Conduct is UNCONSTITUTIONAL in that it denies litigants of their rights under the Constitution of the United States. It diminishes the victim to being destitute, homeless and forced to suffer continuing injustices.

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