2011
08.21

The following is an outline of the malicious impact of Judge Carolyn Carluccio. Since the case began, and was reassigned and addressed by 8 judges, there has not been a judge who went more willingly into the corruption, ethics violations and conspiracy than Judge Carluccio. She embraced her role and acted with an enthusiasm and malice completely devoid of the trust placed in her by the people of Montgomery County.

December 2010
Judge Carluccio is assigned the case in early December, one month after the Recusal of Judge Stephen Barrett.

There are several petitions awaiting hearings. (#210, #211, #214, #226, #227, #240, #241, #261)

Judge Carluccio recieves an inappropriate ex parte communication from Angst & Angst.

Judge Carluccio, when presented with the lawyers ethical violation, failed to act in accordance with the Code of Judicial Ethics and becomes a party to the ethical violation.

I petitioned the court for the ex parte document. (#272) Filed as an Emergency, Judge Carluccio promptly denied the petition without explanation. (#273) THERE WAS NO HEARING ON THE MATTER.

I also petition for the ex parte documents which were exchanged with the prior judges in this matter. (#271) THERE WAS NO HEARING ON THE MATTER.

January 2011
Judge Carluccio, during her January Short List, refuses to permit me any opportunity to address the petitions I have filed. Judge Carluccio, indicates she has no time on her schedule for hearings, and Orders hearings for June 1-2, 2011. (#282 regarding #210, #211, #214, #226, #227, #240, #261) Omitted, without explanation, from the scheduling Order is #241 which is regarding ex parte communication between Angst & Angst and Judge Emanuel Bertin.

Sure, it was an intentional six month delay in the resolution of the financial and health matters, but the Judge is in control of her schedule.
This scheduling tactic had been played out so many times by the Masters and Judges that it was becoming insulting that they would continue the delaying game as if I actually believed their statements. I could do nothing about the Courts schedule. Every Judge has played this feigned “sorry, there are no openings any sooner’ scheduling game.

February 2011
Angst & Angst file an Emergency Petition. (#283)

Strangely, it is not filed electronically. All petitions filed by Angst & Angst since 2008 have been filed electronically.

The EMERGENCY Petition is mailed to the Prothonotary and received by the Prothonotary on February 24, 2011.

March 2011
The EMERGENCY Petition is not processed by the Prothonotary until March 1, 2011. A delay of one week on an EMERGENCY Petition.

The corresponding Certificate of Service is filed ELECTRONICALLY on March 2, 2011. (#284)

On March 3, 2011, Judge Carluccio grants the EMERGENCY and schedules a hearing on March 9, 2011. (#285)

I received the Petition on March 4, 2011, and the Scheduling Order on March 5, 2011.

This did not permit a great amount of time to prepare and file a response. That was the intent.

It is worth noting that the quick scheduling of the Petition was intentional. Angst & Angst had not filed any petition to which I could respond with a counterpetition since December 2009. Judge Bertin had ordered a Response and Counterpetition separated in August 2009. In December 2009, Judge Bertin heard the testimony and evidence regarding my petition (the refiled counter). Judge Bertin ruled that the issues were ‘not cognizable’, offered no explanation as he could not ethically provide me legal advice. Judge Bertin dismissed the petition and ordered me to pay sanctions. NOT COGNIZABLE, as I understand it, indicated that since the issues were not directly relating to Family Court issues, the Family Court could not address them. IF HOWEVER, the counterpetition had not be refiled as ordered by Judge Bertin, it would have been cognizable because it was connected to a Family Court Issue.
I had been anticipating the opportunity to respond and counterpetition might arise again. I was able to assemble a Response and Counterpetition and file it on March 8, 2011.

On March 2, 2011, I filed the Response and Counterpetition on March 8, 2011. (#286)

The Response and Counterpetition documented the injustices of the Court since August 2007. It was organized, clearly written, and included a Table Of Contents listing the major issues to be presented. It was also not a complete listing, there were more issues to be documented, however, time did not permit everything to be filed before the Emergency Hearing on March 9, 2011.

On March 9, 2011, Judge Carluccio was demonstrating a level of corruption, malice and fraud which could not be ignored.
The Hearing did not take place because as soon as Judge Carluccio was caught in several lies and intimidation tactics, she ended the proceeding and indicated it would be continued.

Judge Carluccio issued an Order which had nothing to do with the EMERGENCY issues before her. (#287)

On March 10, 2011, Judge Carluccio issued an Order which wrongly paraphrased and completely misrepresented the proceeding from the day prior. She then Ordered an Equitable Distribution Hearing for March 29, 2011.

Equitable Distribution is not supposed to occur until all other petitions have been resolved. Scheduling the ED Hearing before all of the others would make them difficult to pursue. I believe this was their intent.

On March 16, 2011, I filed a Petition for Judge Carluccio to Recuse herself from the case. The title of the document sums the request up succinctly. PETITION FOR THE RECUSAL OF JUDGE CAROLYN TORNETTA CARLUCCIO FOR CONSPIRACY, CORRUPTION, FRAUD, INTIMIDATION, CONFLICT OF INTEREST AND DENIAL OF DUE PROCESS / PROCEDURE AND DENIAL OF CIVIL RIGHTS. (#289)

On March 29, 2011, Judge Carluccio denied the petition without any hearing. Judge Carluccio did not recuse or distribute an Order indicating her denial.

On March 29, 2011, I began by asking the Court to address the issue of the June 1-2, 2011 protracted hearings. The hearings had been removed from the schedule on the court website without any notice. Emails/Praecipes to Court Administration had been issued and not distributed to the parties. The secret praecipes had rescheduled the hearings for March 29, 2011.

Judge Carluccio indicated that scheduling issue was an error. I don’t think she was telling the truth. Judge Carluccio reaffirmed the purpose of the March 29th proceeding was Equitable Distribution and NOT the outstanding petitions. Over the course of the ED hearing, I raised the issues relating to the outstanding petitions and was repeatedly reassured by Judge Carluccio that those hearings would occur.

At the end of the day, I reminded Judge Carluccio about the unscheduling of the hearings where upon Judge Carluccio issued an Order scheduling the Protracted Hearings for May 5, 2011. (#291)

It is interesting to note that these proceeding had been rescheduled so frequently and for multiple days. Judge Carluccio had no time on her schedule for these matters on January 10 when she pushed them out for six months. Time has been wasted on multiple proceedings where nothing has been heard or resolved. And now, Judge Carluccio orders the 2 days of protracted hearings originally set for June 1-2, 2011 to be held in 1/2 day on May 5, 2011.

April 2011
On April 14, 2011, Judge Carluccio issues her next Order (#294) without any proceeding, incorrectly renaming the petitions she is addressing, and ‘disposing’ of the petitions. The Order includes a footnote attributing the listing of misnamed petitions to the response/counterpetition from March 8, 2011.

Judge Carluccio refers to her having conducted a lengthy review of the docket, but the Divorce Clerk records indicate the judge did not have the file from the Prothonotary at the time. The file being promptly returned to the Prothonotary on March 30, 2011. At this point in time the docket had almost 300 entries, a review of the docket without the printed copies would have ben EXTREMELY time consuming. I also had repeatedly indicated that the hearings had not taken place and the issues were outstanding.

Yes, I do understand. THEY DO NOT WANT TO HAVE THESE HEARINGS. Any hearing on the matters would permit the introduction of evidence of the injustices, extrinsic fraud and the corruption of the judiciary assigned to the matter. Judge Carluccio is revealing her active participation in the obstruction of justice.

Please keep in mind, I have no choice but to continue to seek justice from a Court which is determined to act in an improper, unethical and corrupt manner. If I fail to point out these ‘indiscretions’, I might not be permitted to present them to a higher court when the time comes. They have acted with intent to prevent any order from being appealed, BECAUSE THE COURT HAS FAILED TO MAKE ANY TIMELY DECISIONS RELATING TO THE CASE.

On April 26, 2011, I again petition for the hearings to be scheduled. (#295)

On April 29, 2011, Judge Carluccio DENIED that petition without any proceeding further basing her Order on an additional review of the docket. (#296)

May 2011
On May 3, 2011, as the Judge’s April 14th order did not correctly title the petitions which she was ‘disposing’ of, I stopped at the courthouse to check with Court Administration regarding the schedule for Thursday May 5, 2011. Interestingly, the court web site was still listing the hearings as scheduled. The renaming issue also could have created further confusion.

Court Administration contacted the Judge who indicated there were no hearings scheduled. When asked by Court Admin, the Judge refused to issue any order confirming the cancellation.

I had the impression that the goal was for me to not show up at the hearing. The Judge would legitimately dismiss the petition for a no-show. Once Equitable Distribution has been heard, it is too late to introduce any new petitions, so the petitions could not procedurally be refiled.

On May 4, 2011, I received a copy of a letter from Angst & Angst to Judge Carluccio asking about the schedule for May 5, 2011. Angst & Angst had faxed it to Judge Carluccio on May 3. That evening, I checked the court web site and there was an Order issued by the Judge on May 3rd, but not docketed until May 4th.

If I didn’t show up, the petitions could all be cancelled.
If I showed up and everyone was there for hearing(s), the tactic would be revealed. HOWEVER, I still needed to be ready for nine potential hearings.
If I showed up and no one was there for the hearing(s), then Angst & Angst had information which I did not receive.
I had no choice but to prepare and go to the scheduled hearing. And I did.

On May 5, 2011, I arrived at the Courtroom 5 minutes before the time scheduled. No one was there. I was advised by the Judge’s assistant that the hearing had been cancelled by an order on May 3rd. I was given a copy of the Order, and I left. On the way out of the courthouse I stopped at Court Administration to update them on the last minute Cancellation Order.

My mother and I were then surrounded by seven deputies and asked to leave the courthouse. They further indicated that ‘If I did not have business in the courthouse, I should not be there.’ When I showed them the scheduling order, they were confused at why they were mislead. Court Admin confirmed my information. They indicated they were responding to a report from the judge that I threatened her.

The deputies have a job to do. I understand and respect that. The deputies also know me because I have been coming into the courthouse regularly since 2007. They know I am not violent – I am also half their size. They knew they had been given bad information, however they have a job to do. At my suggestion, we came to an arrangement. I would stop and request a deputy escort me whenever I had any business in the courthouse. They agreed. That is what we have done since. While it is completely unnecessary, it permits the deputies to do their job responsibilities without compromising their careers. They have to respond to false reports.

On May 9, 2011, I had to return to the Prothonotary to provide a document which needed to be re-scanned. I stopped to visit the divorce file, and was informed that the sign-out sheet was no longer available and now considered an “Internal Use Only” Document. The sign-out sheet indicates that Judge Carluccio did not have the files or any of the documents during her “lengthy” and “additional review” of the docket to which she refers in her Orders of April 14, 2011 and April 29, 2011.

On May 9, 2011, I also docketed several documents which pertain to the case but somehow have not been docketed or have been removed from the docket.

On May 9, 2011, Judge Carluccio issued another Order granting a divorce to parties who had neglected to request a divorce, and ordering a malicious and cruel equitable distribution. The errors in the Order prevent it being appealed on a timely basis, and would return it to Judge Carluccio’s courtroom. I found the errors, petitioned for them to be resolved.

June 2011
Judge Carluccio delayed for months while her order made me homeless, without medical or dental benefits, and permitted my wife to vandalise and destroy my home (and bill me for it).

July 2011
JUDGE CARLUCCIO HAS REFUSED TO HOLD HEARINGS ON THE MATTERS. At a Short List Hearing on July 18, 2011, Judge Carluccio further revealed her malice and cruelty. She also said out loud and on the record that the Order was indeed her Final Order, and that she no longer had jurisdiction in the case. She then went on to schedule another hearing. I know? If she has no jurisdiction, why schedule a hearing?

Judge Carolyn Carluccio has fallen into the trap which has affected the other judges. Judge Carluccio has acted with clear malice and cruelty to the victim of 6 years of injustice. Judge Carluccio is above the law. The judge can do whatever the judge wants. That is not the justice that the US is fighting for worldwide. Bring the troops home. The justice system is under attack from the very ones who have been trusted to ensure “liberty and justice for all.” defense from

Through Judge Carluccio’s own words and actions she has been exposed. She has disgraced the judiciary.

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