2011
06.09

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

SONYA HEALY : #2007-12477
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TERANCE HEALY :

EMERGENCY REQUEST FOR INJUNCTION TO STAY/VACATE THE ORDER OF MAY 9, 2011 FOR LACK OF JURISDICTION

PLAINTIFF DID NOT REQUEST DIVORCE DECREE

1. Plaintiff has filed a praecipe requesting that any Divorce Decree be deferred until hearings have occurred on unresolved claims. (Exhibit A)

2. Plaintiff has not filed any subsequent affadavit requesting a Divorce Decree under 3301(c) or 3301(d) of the Divorce Code.

3. Plaintiff has not served upon Defendant any subsequent document requesting a Divorce Decree under 3301(c) or 3301(d) of the Divorce Code..

4. Plaintiff has continued to file petitions with the Court which is indicative that Plaintiff has not filed, or intended to file for or request a Divorce Decree.

5. Plaintiff has not withdrawn her Petition filed on February 24, 2011.

6. The Court has not had a full hearing on the Plaintiff’s Petition and the corresponding Response / Counterpetition filed by the Defendant.

7. Plaintiff’s Petition of February 24, 2011 represents an unresolved claim, and in accordance with the Praecipe filed with the Court, Plaintiff does not intend to request any Divorce Decree until there are hearings on unresolved claims.

DEFENDANT DID NOT REQUEST DIVORCE DECREE

8. Defendant has not filed any document relating to section 3301(c) or 3301(d).

9. Defendant does not intend to consent to a divorce, or request any Divorce Decree, or to file any document relating to 3301(c) or 3301(d) until there are hearings on all unresolved claims.

COURT IS WITHOUT JURISIDICTION

10. The Court does not have jurisdiction to issue a divorce decree when the parties have not consented to or made any such request.

11. “The Court has made it clear that ‘unless and until a valid decree in divorce has been entered, then there can be no equitable distribution of marital property.’” Reese v Reese, 351 Pa.Super.521,506 A.2d 471. 473-474(1986).

12. The courts of common pleas are only empowered to make equitable distribution contemporaneously with or subsequent to a decree in divorce. Campbell v. Campbell, 357 Pa.Super. 483, 516 A.2d 363, 366 (1986).

13. This is because the settlement of economic and property claims is merely a part of the trial court’s broader power to terminate the marriage. Campbell, 516 A.2d at 366.

14. Equitable distribution is an incident of divorce, not marriage.

15. The parties have not indicated by documentation or action any intention to request a divorce decree. As such there can be no divorce decree.

16. As there is no valid divorce decree, there can be no equitable distribution order.

COURT HAS ISSUED AN ORDER WHICH CANNOT BE APPEALED

17. As the Court is without jurisdiction to issue a divorce decree, the decree and order issued by Judge Carluccio cannot be appealed as the order is NOT a valid final order.

18. Defendant filed a Petition to Vacate the Order on June 6, 2011 and the court has not yet responded.

PLAINTIFF FALSE REPORTS TO POLICE

19. Plaintiff has previously presented Police with outdated Court orders while committing a
burglary of the marital residence where she was aware of, and had executed, a more recent
“exclusive use’ agreement granting the Defendant exclusive use of the residence.

20. The Burglary of the residence occurred on March 22, 2008 and included as many as twenty
(20) people assisting with 12 SUVs and a large Moving truck.

HOMELESS

21. The failure of the court to respond leaves the Defendant homeless.

22. If the Defendant does not vacate his home, he could face contempt charges, arrest, etc.
Plaintiff, through her attorneys, has threatened these types of extreme actions in the past.

23. Defendant has suffered through a 4 years litigious divorce where each court order is only
enforced where the Defendant is responsible.

24. Plaintiff has been granted complete impunity to violate Court Orders and disobey the law.

DEFENDANT HAS BEEN REPEATEDLY VICTIMIZED

25. Defendant has persevered through constant false legal allegations and petitions number over
300 entries on the docket.

26. Defendant has been repeatedly victimized by a court which has no explanation for the
impunity granted to the Plaintiff, or any explanation for the continued abuse the Defendant
has suffered while trying to resolve any issue.

Whereas, the Defendant respectfully requests that the Honorable Court

(1) issue an injunction vacating Order of May 9, 2011 which has not been issued in accordance with the laws and procedures of the Commonwealth of Pennsylvania, or The Divorce Code.

Respectfully,

Terance Healy
Defendant
Pro Se

VERIFICATION

I verify that the statements made in this document are true and correct. I understand that false statements herein are made subject to the Penalties of P.A. C.S. Section 4904, relating to unsworn falsification to authorities.

_______________________________________
Terance Healy

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