2013
05.19

The last Order which ordered me to pay over $300,000 (Yes, that is OVER Three Hundred Thousand dollars) is now set to be reviewed by the Superior Court of Pennsylvania.

The Appeal was filed on time.

This time, the Petition to Proceed In Forma Pauperis was granted. This will permit production of the entire court record for the case. And additionally should free up the prior Appeal which was filed on August 15, 2011.

The August 2011 appeal was prevented from leaving Norristown pending the approval to proceed in forma pauperis.

It has been suggested to me that the Court often takes deliberate actions to make certain that people who are victimized by judicial corruption and injustice are left in a position where they cannot financially, emotionally or physically prepare and present an Appeal, or assemble a Federal lawsuit against the corruption.


Denial of Access to the Courts
 


The prior Appeal was stalled and ignored since August 15, 2011.

The Appeal was not forwarded to the Superior Court pending a hearing on a Petition to Proceed In Forma Pauperis (IFP) to cover the fee.

The IFP was immediately assigned to Judge Carolyn Carluccio, the signing judge. The same judge whose Order was being Appealed.

Judge Carluccio did not hold the hearing.

Judge Carluccio did not schedule the hearing.

Judge Carluccio instructed Court Administration to return the petition to me. STRANGE? YES. VERY.

The IFP was properly prepared and filed concurrent with the appeal and meant to cover the filing fees and the costs of producing the transcripts of the ‘hearings’.

When I asked the Court Administrator if the judge had provided any instruction regarding the petition being deficient or requiring corrections or further information, I was told no.

When I asked the Court Administrator if the judge had ruled on the petition, I was told no.

It is completely appropriate for a party who has been left destitute after 7 years of litigation fighting multiple injustices to file a petition to proceed in forma pauperis.

There is no explanation for the request that the petition be returned to the Defendant.

I advised Court Administration to return the document to Judge Carluccio for action.


I had filed previously for this ‘pauper’ status in December 2010. I appeared twice before Judge Kelly Wall on the petition.

After the first appearance, Judge Wall requested financial information regarding court transcript costs. I researched those numbers.

One week later, I appeared in front of Judge Wall. BUT, Judge Wall never issued or docketed an order on the matter.

The petition was neither ORDERED nor DENIED.  THIS IS VERY RELEVANT.

Had the Petition been Ordered, I would have had the financial resources to demonstrate the fraud upon the court which had been committed since the beginning of the case.

Had the Petition been DENIED, I would have been able to immediately Appeal the denial to the Superior Court of Pennsylvania.

By NOT ACTING ON THE PETITION, the abuse and injustice was permitted to continue.

By NOT ACTING ON THE PETITION, I was left with no where to turn. You can’t Appeal what has not been ordered.


This was something I had learned early in the case.  Judge DelRicci refused to render any decisions on custody, I was left stalled and stranded in his court… without any visitation or time with my son… and no way out. After years without resolution, and 4 months without activity, a hearing was finally scheduled.  Then, Judge DelRicci delayed further by announcing he would recuse in a few weeks time. DELIBERATELY RUNNING OUT ANOTHER FEW WEEKS ON THE CLOCK. My youngest son would turn 18 and custody would be moot, pointless, off the table. All efforts to have custody decided would be ignored.


The reason I wanted custody to be determined by the court was simple.

My wife had included both of my children in her efforts against me. The kids knew the things she was doing.

The custody agreement which was issued in October 2007 placed responsibility for the decision to see me on my son.

Each time I had spoken to my kids, they unintentionally revealed their knowledge of their mother’s actions.

In violation of the custody order, they stopped speaking to me so they would not further reveal her actions.

My wife also stopped any communication when she inadvertently revealed her actions to cause her own identity theft while reporting to police that I was causing it. I informed her I was aware of her actions all the while. Her subsequent attempts to conceal her actions only served to expose and reveal everyone who was assisting her.

I did NOT want my son to be responsible for the decision to see me.  I did not want him to feel bad if he were to slip up and reveal anything.

If my son decided to spend time with me and accidentally revealed his mother’s crimes, it would have been HIS fault he was there. He would not only have been responsible for slipping up, BUT he would have been responsible for putting himself in the position.

The easiest way to prevent me from learning anything was to prevent me from any contact with the children. When my oldest revealed surveillance activities to his grandmother, the kids both stopped seeing her or speaking to her.

Maintaining the secrets of the methods of harassment and surveillance were essential for their continuing actions. And it forced my children into a position where they were forced to isolate themselves from the family for fear of revealing something which might cause their mother to be prosecuted criminally.

When you further consider the efforts of the lawyers and judges to obstruct, deny and prevent justice, my children witnessed what happens to an innocent person who becomes targeted.

If those people helping their mother to destroy me were powerful enough to continue their actions against me without any repercussions, they would surely be able to target them. And so, my kids were coerced into silence and prevented from any relationship with their father.

My sons allowed me to be terrorized out of the fear that they would be targeted should they speak out. I have dealt with this emotionally crippling aspect. I understand their fear.

I wanted the court to order visitation.  That way if my son slipped up, the court was responsible for placing him in the position to slip up.  It is grossly unfair to deny a child a relationship with his father, not only because he is protecting his mother, but forcing him to conceal the corruption and injustice of the judiciary.

I was never going to stop looking after my boys.  The judges were never going to permit any visitation because the risk that the child might expose their corruption and direct involvement and activities was too great..


On April 29, 2013, I filed ANOTHER (the 4th) Petition to Proceed in Forma Pauperis…If this Petition was granted, I would be able to proceed to the Superior Court and expose the injustice.

If the Petition was denied, I would be permitted to proceed to appeal THAT decision to the Superior Court and expose the injustice.

The only way to prevent the injustice from being exposed to the Superior Court is to ignore the Petition.  (As Judge Carluccio had done in 2011 while continuing to issue orders designed to further terrorize me.)

On April 29, 2013, the Appeal and Petition were filed. I had already been scheduled to appear in Judge Page’s courtroom at 9:00 AM – am unnecessary proceeding which Judge Page refused to cancel.

I appeared in court.

I served the Appeal upon the judge and provided the Petition to Proceed In Forma Pauperis for Judge Page’s attention.

Judge Page refused to meet with me, or to hear it.  I was directed to Court Administration.

Court Administration directed me to Judge Emanuel Bertin. Judge Bertin was the signing judge that day.

Judge Bertin had refused to hear the Petition when filed in December 2010 as he had quietly recused himself from the case in August 2010.  I was directed to return to Court Administration.

Court Administration directed me to Judge Cheryl Austin. I went to her courtroom, and provided the paperwork to her staff.

I was instructed to wait outside the courtroom. Judge Austin had a light schedule that day. One case where a litigant failed to appear and the other a custody matter being worked out. She spoke to a class of visiting students who witnessed the cases in her court that morning.

After 2 hours of waiting in the hallway, Judge Austin’s staff informed me that the judge would NOT hear the petition.

I requested a moment to introduce myself to the judge. Judge Austin refused to meet me.  I was directed to return to Court Administration.

Court Administration had me wait in the hallway outside their office while they attempted to find a judge to hear the Petition.

Almost three hours passed waiting.  As it was getting late in the day, I asked the Family Court Administrator if she would please contact me once a judge was found OR a hearing scheduled on the matter.

At the very end of the day, I was contacted by the Family Court Administrator and informed that the Petition had been addressed.  I would have to return to the court to sign the document.  This is peculiar as only a judge must sign a Court Order.

I returned the next morning to find that it was Judge Page who had signed the Order to Proceed In Forma Pauperis.

Judge Page had wasted my entire day unnecessarily.

Judge Page further exposed Judge Austin to what was clearly a denial of access to the courts – a civil right guaranteed by the Constitution.  This was something which I had experienced from the beginning of litigation.

Judge Page had signed the order without a hearing.

Judge Page had already acknowledged during the hearings in February 2013 that both prior Petition(s) to Proceed In Forma Pauperis were pending in his courtroom.  Yet, Judge Page did not sign the Petition at that time.

Judge Page had also indicated during those hearings that if I wanted to present a transcript demonstrating that a hearing did NOT take place, it was up to me to provide the transcript.  It was ‘on my dime’ to provide the transcript.  Yet, Judge Page had not signed the petitions pending before his court which would have permitted the transcript of the ‘hearing’ to be produced.

Judge Page had also absurdly issued an order for a destitute defendant to pay over $300,000 for items which could be purchased on EBAY for less than $750, based solely on the fraudulent testimony of ONE PERSON who indicated the items were not returned.  Even though the items had been returned as ordered.

Judge Carluccio’s verbal order was never produced for the Court. Instead, the Defendant was fined over $300,000 based on the written portion of her order, AND the fraudulent testimony of Valerie Angst.

Judge Page also awarded the attorney fees which were over $5000.

When a party had spent $7300 to bring someone to court over $750 worth of replacable items, it is reason to question their true motivation. What could be gained by this type of litigation? One thing. Further terror. Further injustice. After going to the effort of having Judge Carluccio issue an incomplete order without a hearing, they may as well reap the return for their injustice and extortion of the court.  They also would delay so that the daily penalty would amount to a huge pay-off.


When seeking Child Support, my wife had also spent considerably more on legal representation than the $14,400 which was eventually awarded.  However, it provided a level of terror.  My credit destroyed.  Humiliation.  I was jailed for violating a support order which did not exist where the court was without jurisdiction.

There were multiple attempts to have me imprisoned for non-payment of child support.

Even a setup by Judge Rhonda Daniele where my mothers bank accounts were attached, the funds removed, and then secretly returned.  Their anticipated result would be my spending Christmas weekend in jail on a bogus bench warrant.

I had done everything which had been ordered. Every unjust order was followed specifically or brought to the attention of the court immediately. They had no way of further attacking unless they created a new order requiring me to do something.


On September 23, 2011, I entered the courtroom seeking the sale date of the home, and the distribution of property in accordance with the order.  I was also seeking the hearings which had not been held to be scheduled.The case was under appeal and as such the court lacked jurisdiction to do anything.

Valerie Angst entered and handed me a NEW petition in open court that indicated the secret sale of my home had already occurred, the closing had been 2 days prior and was the reason that the hearing had been continued from earlier in the week, and that they had thrown away all of my personal possessions and belongings from the house…

All happening while I was forced to wait for the court to address the petitions filed on all of those issues.  Issues which were now going to be ignored because of the deliberate actions of my wife and her attorney.

Actions which should have been prevented and stayed by the filing of the Appeal… but that was ignored.

I was surrounded by seven deputies in the courtroom that day.  These deputies had been my escorts in the courthouse.  They knew me well enough to know that I did not pose any threat.

I had requested the escort after Judge Carluccio made false accusations that I had no business in the courthouse, EVEN THOUGH JUDGE CARLUCCIO HAD ISSUED A SCHEDULING ORDER FOR ME TO APPEAR.  The easiest way to prevent any further false allegations and misinformation was to obtain an escort each time I had business in the courthouse.  The deputies agreed.

Next, Judge Carluccio demanded that I endorse the check for the sale of the home over to my wife.  I was compelled under extreme duress to do so with the knowledge that I would never see any of the money.

I was supposed to lose my temper… to act out… to provide the opportunity for the court to further terrorize me.

When I did not succumb to their malicious taunts, the judge issued an order which I would not be able to follow.  She issued it verbally and then only partially in writing.  The intent being to make it impossible to follow the order.

I immediately knew it was a void order which lacked jurisdiction.  However, the only way to actually void a void order is to get a hearing on the issue.

I was being denied any hearings.  I would have to wait for them to attempt to enforce a void order to be properly before the court and expose the defects in the order.

When they then filed to have that void order enforced, Angst & Angst failed to served the paperwork properly. This caused a lack of jurisdiction.  This seems to be the Angst’s preferred method of manipulating a judge to improper actions without proper jurisdiction.

Angst & Angst also wrote directly to Judge Carluccio asking her to resume the case from Judge Haaz.
It is not known when the matter was assigned from Judge Carluccio to Judge Haaz.

Angst & Angst also wrote to Court Administration seeking the matter be reassigned back to Judge Carluccio.

The proper procedure is to file a petition with the Court requesting recusal and reassignment.

I had done so when I requested the Recusal of Judge Barrett. He obliged.

Judge Carluccio had been petitioned to recuse multiple times as her extreme bias, malicious orders, clearly fraudulent coercion of the Defendant and determined efforts to conceal the overwhelming injustice was apparent.

Judge Carluccio had ignored the recusal requests as she had ignored all petitions filed by the Defendant.


In 2009, When I had edited the 125 page document requesting the recusal of Judge Del Ricci down to 25 pages, Judge DelRicci mysteriously sent out a letter announcing his recusal and eliminated the necessity of my filing the document. How did he know it was coming though?


I am going to attempt to have BOTH Appeals considered at the same time.

I am fairly certain the first question that the Superior Court will ask is WHY THEY NEVER GOT THE FIRST APPEAL TWO YEARS AGO.

The Order to prepare and file a concise statement of errors complained of on appeal was immediately issued by Judge Page. It came as no surprise that the judge ordered the statement immediately as he was aware that I would be traveling to Florida for my father’s funeral and would be away for a week.

The Concise Statement of Errors Complained of on Appeal was submitted IN PERSON at the Courthouse on Friday May 17, 2013.

A copy was immediately served upon Judge Garrett D. Page in chambers through his secretary Wanda. I walked in with the document, served it and introduced myself to Wanda. We had had several phone calls trying to work out paperwork errors. It is always nice to put a face with the name.


Earlier, while waiting at the entrance for an available deputy to escort me, I recognized the County Sheriff walking past me. I called out to her as she walked past. She stopped and we introduced ourselves. I had told her that I had been trying to meet with her for 2 years and would appreciate the opportunity to talk. I then asked if she might have some free time next week to meet and discuss my experience.

Sheriff Behr indicated I should call her office and arrange the appointment. I suppose it may be possible that my calls to her office have been redirected in the past. And messages have not been relayed. Perhaps she is interested in resolving some of these issues after all. I’ll give her the benefit of the doubt.


I will post the latest documents to the web in the next few days.

The Concise Statement of Errors Complained of on Appeal is 24 pages long.

Section 1 relates to the current appeal and contains 6 pages and 44 paragraphs.

Exhibit A contains the Appeal filed on August 15, 2011.  That Appeal is 2 pages long with 7 pages listing the court docket for the case at that time.

Exhibit B relates to the prior appeal and contains 6 pages and 43 paragraphs.

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