05.07
The Montgomery County Court of Common Pleas has demonstrated their abuse of power since 2007. When might the law apply?
I am anticipating that the law may apply once the case is moved to another court.
The surprising thing is that ANY COURT in the land is empowered to void the orders of the Montgomery County Court. There is also no deadline for designating an order is void…. because the order is ALREADY void because of the corrupt actions of the court.
In my case, the fact that I had notified the court of the defect in the order and requested a hearing within the 30 day period removes the question of whether the document was submitted timely. The fact that the Court further ignored the petition before the court and held no hearing on the matter before dismissing the petition reaffirms that I was trying to accomplish raising the matters on a timely basis, BUT THE COURT WAS REFUSING TO COOPERATE.
The law doesn’t say that the Court has to cooperate within the 30 Days. It simply states that the petition must be filed with the court and served on the parties.
BTW, Whoever is running the Prothonotary might want to look into the missing documents, and the ones which are improperly titled to mislead that the Appeal was denied by the Superior Court. THAT did not happen. The order from the Superior Court indicated that they could not force the lower court to hold a hearing. The court woul dhave to hold the hearing on the Petition to Proceed In Forma Pauperis, OR I could petition the Supreme COurt of Pennsylvania for a Writ Of Mandamus to compel the Court to hold the appropriate hearing. (And if we are going to go all Mandamus, I can assure you that the request will be made to recuse the entire Montgomery County Bench from this matter.)
The law is very consistent accurate on this topic. When a judge fails to follow due process and procedure, the judge does not have jurisdiction to issue an order on the matter.
| In my case, when advised of the defect in her Order which would void the order, Judge Carolyn Carluccio proceeded to indicate that she did not have jurisdiction – REPEATEDLY, INCORRECTLY AND ON THE RECORD. Repeating that she did not have jurisdiction to void her own defective and void order. She would further issue orders and sanctions against me based on the void order – that she knows is void. She also knows she is committing EXTRINSIC FRAUD – repeatedly and on the record, in attempting to deny my rights and convince me that it it proper.
Judge Carolyn Carluccio would also prevent the matter from proceeding to the Superior Court so that an Appeal could be heard. Judge Carolyn Carluccio was determined to commit as much fraud, ethical violations and crimes in the attempt to destroy my life, leaving me homeless and destitute after surviving 6 years of injustice and corruption. She did so knowing she would have judicial immunity and not face civil liability. While judicial immunity does permit her to terrorize any litigant in her court and escape civil damages… The same judicial immunity extends to Judge DelRicci, Judge Bertin, Judge Coonahan, Judge Barrett, Judge Daniele, Judge Tilson. AND of course, the judges violated the constitution, and the laws and procedures of the Commonwealth of Pennsylvania for which they should face criminal prosecution. When a judge commits a crime, it is still a crime. They may not be liable for civil damages, but they are NOT excused from criminal prosecution. And what litigant is going to place their trust in a judiciary which is more criminal than the cases they hear. |
Void judgment. One which has has no legal force or effect, invalidity of which may be asserted by any person whose rights are affected at any time and at any place directly or collaterally. Reynolds v. Volunteer State Life Ins. Co., Tex.Civ.App., 80 S.W.2d 1087, 1092. One which from its inception is and forever continues to be absolutely null, without legal efficacy, ineffectual to bind parties or support a right, of no legal force and effect whatever, and incapable of confirmation, ratification, or enforcement in any manner or to any degree. Judgment is a “void judgment” if court that rendered judgment lacked jurisdiction of the subject matter, or of the parties, or acted in a manner inconsistent with due process. Klugh v. U.S., D.C.S.C., 610 F.Supp. 892, 901. See also Voidable judgment.
