2011
05.05

Exhibits Emergency Medical benefits

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

SONYA HEALY : #2007-12477

v. :

TERANCE HEALY :

DEFENDANT EXHIBITS RELATING TO:
EMERGENCY PETITION FOR RELIEF (re: Medical Benefits)

– Issue was included as a part of APL Exceptions on 8/11/2010
#211 Emergency Appeal in Support (APL)
– Emergency was denied, the issue was separated and re-filed on 8/12/2010
#214 Emergency Petition for Relief (re: Medical Benefits)

PLAINTIFF HAS FAILED TO FILE ANY RESPONSE TO THIS PETITION.

The Following exhibits are provided in support of the Petition

EXHIBIT A
Court Order dated December 6, 2007 signed by Judge Rhonda Lee Daniele
– clearly indicates Plaintiff to Provide Medical and Dental Insurance

EXHIBIT B
Court Order dated December 6, 2007 signed by Judge Kent Albright
– clearly indicates Plaintiff to Provide Medical and Dental Insurance

EXHIBIT C
Summary of Trier of Fact dated September 14, 2007 – Meg Blatman
– Page 2 indicates Plaintiff Benefits
– Page 3 indicates “PLTF TO PROV MEDICAL & DENTAL”

EXHIBIT D
Plaintiff’s paystubs indicate her inclusion in the Dental Plan (DPPO) offered by ACTS Retirement life Communities
06/28/2007
07/12/2007
07/26/2007
08/09/2007
08/23/2007

EXHIBIT E
Ex Parte Letter from Valerie Angst to Support Master dated August 9, 2010
– Letter sent to Defendant is NOT a Copy of Original

EXHIBIT F
08/12/2010 Filed as Emergency Petition by Defendant (#214)

EXHIBIT G
08/13/2010 Can Await the return of Designated Judge by Judge Coonahan (#218)
– never distributed to Defendant

EXHIBIT H
08/23/2010 Not Emergency – Schedule along with Support Exceptions (#224)

EXHIBIT I
08/24/2010 Scheduled for Short List on September 22, 2010 before Judge Bertin (#223)

EXHIBIT J
08/24/2010 Related Contempt Petition filed

EXHIBIT K
08/31/2010 Medical Card mailed to Defendant
– Dental Card is not provided

EXHIBIT L
09/02/2010 Judge Bertin Recusal (#234)

EXHIBIT M
09/13/2010 Scheduled for Short List on October 5, 2010 before Judge Barrett (#237)

EXHIBIT N
09/21/2010 Continuance request by Plaintiff

EXHIBIT O
09/22/2010 Continued for Short List on October 7, 2010 by Judge Barrett (#246)

EXHIBIT P
10/07/2010 Scheduled for 1 Day Protracted Hearing – February 2011 Trial List (#257)

EXHIBIT Q
11/30/2010 Judge Barrett Recusal (#263)

EXHIBIT R
12/09/2010 Order for Plaintiff to provide Medical Cards (#265)
– fails to address the Dental Insurance

EXHIBIT S
12/13/2010 Ex Parte Letter to Judge Carluccio from Valerie Angst

EXHIBIT T
12/19/2010 Defendant Responds to Ex Parte Letter
– addresses partial compliance, scheduling and ex parte communication

EXHIBIT U
01/04/2010 Scheduled for Short List on January 10, 2010 before Judge Carluccio (#277)

EXHIBIT V
01/10/2011 Scheduled for 2 Day Protracted Hearing on June 1 and 2, 2011 (#282)

EXHIBIT W
03/25/2011 Judge’s Schedule available from www.montcopa.org incorrectly indicates the matter is scheduled for March 29, 2011 at 9:00 AM

EXHIBIT X
03/29/2011 Equitable Distribution Hearing (Transcript)
– Outstanding petitions which have financial concerns should be addressed prior to any hearing in Equitable Distribution
– incorrect schedule information in the docket is called to the Judge’s attention
– Judge confirms the purpose of hearing is EQUITABLE DISTRIBUTION ONLY
– Judge confirms that petitions scheduled for June 1 and 2, 2011 have not been heard
– Judge indicates the June 1 and 2, 2011 dates have been cleared from her schedule

EXHIBIT Y
03/29/2011 Order scheduling ½ Day Protracted hearing on May 5, 2011. (#291)
– Cross APL Exceptions
– Regular and Emergency Petition for Dental insurance;
– Deft’s Petition regarding Ex Parte Communication filed 9/14/10
– Plt’s Answer filed 10/5/10

EXHIBIT Z
04/14/2011 Order dated April 14, 2011 incorrectly indicates the matter was resolved by the December 9, 2010 Order
– December 9, 2010 Order is an Emergency Ex Parte Order, there was no hearing at that time and the petition was included to be heard during the January Short List

EXHIBIT AA
04/26/2011 Defendant Petitions to have the matter rescheduled.
– Petition to Rescind/Cancel the Order of April 14, 2011 Which Violates Pennsylvania Law and the United States Constitution and Reschedule all Outstanding Petitions (#295)

EXHIBIT BB
04/29/2011 Order renames Defendant Petition as Motion for Reconsideration; is DENIED; and the ruling STANDS. (#296)
– No hearing on the matter

EXHIBIT CC
05/02/2011 Ex Parte Letter from Valerie Angst to Judge Carluccio
– requesting confirmation of the May 5, 2011 hearing
– fails to specify the petitions/motions
– fax’d to Judge’s chambers

EXHIBIT DD
05/03/2011 Order – NOT AVAILABLE TO DEFENDANT

Late evening on May 4, 2011, Defendant found an entry on the Court Docket for this order titled: CANCELLED AS THE ABOVE-REFERENCED ISSUES WERE PREVIOUSLY ADDRESSED IN THE ORDERS OF THE UNDERSIGNED DATED APRIL 14, 2011 AND APRIL 29, 2011.
It would seem the Judge issued this order to address the question in Ms. Angst’s letter.

Defendant had requested a similar confirmation from Court Administration on May 3, 2011 while at the courthouse.

The response from Court Admin was that there was no hearing scheduled for May 5, 2011.

When Defendant requested a scheduling order confirming the cancellation, Court Admin reported the request was denied.

EXHIBIT EE
Ethics Opinions
Is the communication ex parte?
Is the communication permitted by law?
What is the definition of ex parte communications in Pennsylvania?

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