2013
01.16

Appeal PDF file with attachments.

IN THE COURT OF COMMON PLEAS OF MONTGOMERY COUNTY, PENNSYLVANIA

Terance Healy :
(Appellant) :
:
v. : Docket Number 2007-12477

Sonya Healy
(Appellee)

NOTICE OF APPEAL

Notice is hereby given that Terance Healy, Defendant, Appellant named above hereby appeals to the Superior Court of Pennsylvania from the order entered on this matter on the 3rd day of January, 2013.

ORDER

1. The Order of 3rd January, 2013 is a one page document indicating the Judge Page has deemed the petition is not an emergency, and Court Administration is directed to schedule this in due course.

PROCEDURE

2. As of January 16, 2013, the order has not been distributed to the Appellant.

3. As of January 16, 2013, Court Administration has not scheduled the matter as ordered.

4. There has been no proceeding on this matter.

ORDER OF EVENTS

5. The Petition titled EMERGENCY OBJECTION TO THE REASSIGNMENT OF THIS MATTER / PETITION TO ENFORCE THE SCHEDULING ORDER OF JULY 10, 2012
was filed timely, docketed by the Prothonotary, and properly served upon Appellee.

7. The Petition was filed in response to a Scheduling/Reassignment Order which was issued by Michael Kehs, Court Administrator on December 13, 2012.

8. The Scheduling Order assigned a hearing date of January 17, 2013, yet fails to include the Appellants Response and Counterpetition in the citation.

9. Court Administration has failed to schedule the matter to date.

HISTORY

10. The scheduled/reassigned proceeding relates to a petition filed by Appellee on May 18, 2012 and May 23, 2012 seeking enforcement of an Order.

11. At the July 10, 2012 proceeding before Judge Haaz, it was revealed that Angst & Angst had failed to properly serve and file the documents relating to the matter upon the Appellant, Terance Healy.

12. Service of the documents was performed during the proceeding and as such provided proper jurisdiction for the Court to conduct a hearing on the matter. An Order was issued for Court Administration to schedule a hearing.

12. Court Administration has failed to schedule the hearing as ordered by Judge Haaz on July 10, 2012.

PENDING APPEAL

13. An Appeal filed on August 15, 2011, docketed by the Prothonotary and served timely upon the parties and the judiciary is currently pending on the matter.

14. On August 22, 2011, the Court ordered a Concise Statement of Errors Complained of on Appeal.

15. On September 15, 2011, a CONCISE STATEMENT OF ERRORS COMPLAINED OF ON APPEAL was filed with the Court and served upon the judge and the parties.

16. The Prothonotary has failed to prepare and forward the documents relating to the Appeal to the Superior Court of Pennsylvania for consideration.

JURISDICTION

17. As the Appeal is pending, any petition for enforcement of the Order, and/or subsequent orders issued without proper jurisdiction, is not ripe for consideration by the Court.

As such, Terance Healy, Defendant, Appellant above named, hereby appeals to the Superior Court of Pennsylvania.

A copy of the docket is attached.

Terance Healy
Pro Se

c/o Joan Healy
871 Mustang Road
Warrington, PA 18976
215-343-1686

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