Centre County, PA is Just the Tip of the Iceberg

Pennsylvania’s Governor  Tom Wolfe is still battling the “Right to Know”  with the Courts. The continual manipulation of the law, by the amending of court “rules” by the members of the American Bar Association, has been solely to assist court employees in defrauding the citizens of this Commonwealth.  There are serious questions as to the integrity of the entire state court system. As the members of the Pennsylvania State Supreme Court are all members of the nonprofit, private corporation of the American Bar Association, and its Pennsylvania Bar Association, all such members have an immense inherent conflict of interest in having authority in any rule-making of the courts. Continue reading “Centre County, PA is Just the Tip of the Iceberg”

Stamp Out Government Corruption – It Starts with the Courts

OBSTACLES TO REFORM

The Judicial Branch controls the government.  Under the doctrine of “judicial review” they have the final say in healthcare policy, taxes, education, banking.. everything.  Judges.. i.e. lawyers, are the only profession not licensed by the government.  The American Bar Association has that authority. The Judicial Branch is also the only branch that self-regulates.. there is no checks and balance system in place with the other two branches since the 1970’s.  This has resulted in an epidemic of corruption.

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Mail this to your legislators

Removing the monetary incentive in the system is key. There should not be a price on justice. Currently, judges are complicit with the prolonging of cases, to maximize hourly billing in repayment to lawyers who have contributed to their judicial campaigns, either individually or through PACs organized by the bar association. The changes in the table below, will most certainly interfere with this racketeering practice. 

If you are not familiar with the legislative process, it is not as democratic as most people imagine.  Both the House of Representatives and the Senate have Judiciary Committees.  A bill can start in either committee, however, each committee has a Chairman.  The Chairmen actually filter what bills the other committee members will even see.

 

For example in Pennsylvania, Senator Stewart Greenleaf has been in control of all of the court reform introduced by the Senate, for approximately 25 years.  In the House, Representative Ron Marsico controls which proposals for court reform, will be presented to the other Representatives.  As a result, there has been no meaningful reform and the courts continue to deteriorate in every way. This process itself is ripe for change; this is way too much power in the hands of just two people. 

In addition, we do not have royalty in this  country. All evidence has shown that judicial immunity is a negative factor in the integrity of our government, and it needs to be abolished. The current Judicial Conduct Board has been ineffective and does not represent the public, although half of the members are supposed to be a cross-section of society. Instead, it is staffed with lawyers, judges, magistrates, police officers and people that have contributed to political campaigns

Its Up to You – For the Next Generation

The current system is not a justice system – it is a commerce system.  It does not provide due process. The below is a list of reforms that will drastically reduce the injustices now being inflicted on the public by court personnel, judges and officers of the court (attorneys). Inform your elected politicians that you expect similarly focused House and Senate bills to be introduced, to end the unjust incarcerations, and the racketeering currently rampant,  by opportunistic lawyers being enabled by judges.

Your local Senators and Representatives need to know you are aware of the problems emanating from the Judicial Branch.   These changes will maximize the integrity of our courts. There are many other changes that need to be made, but the below is a good start to putting our elected officials on notice, that the public is retaking control of our third branch of government. It only takes a stamp.

Please sign and print this out , and send to your State Representatives and Senators –

or make an appointment with them and hand it to them personally.

http://www.pacourtwatch.com/wp-content/uploads/2015/05/2015-May-31-Legislation-Proposals-for-Judicial-Reform.pdf

You Can Sue the Opposing Attorney in Pennsylvania

 Fifteen years ago, a neighbor came to my door, asking me to watch her son.  She had three young children all under the age of six, and was on her way to court. Her husband had left her for another woman, and refused to sign off on their home so it could be sold.  Her job alone was not enough to pay the mortgage, and he would have received a portion of the proceeds in equitable distribution.   The husband also rarely complied with child support, which would have been reduced had he cooperated in the sale of the property.  The home was in foreclosure, however, for no other reason than the misconduct and bias of the judge. He was focused on providing hourly fees to repay campaign contributions, to the fellow bar association member that represented her husband. My neighbor could not afford an attorney, and was representing herself.

A judge does have the power to remove a non-cooperative spouse from the deed, and enforce economic relief.  They have a duty to mitigate the  harm to the family, that is directly written in the domestic relations statute.  At the time, I also had three young children under the age of six.  I could not believe what she was telling me; surely we have laws that protect us from this sort of thing.  She could put in a complaint regarding the judge, right? My neighbor said to me ,“You don’t know how bad it is until you are in it.”

Ironically, fifteen years later, I had the same judge preside over my own divorce.  It has been eight years, and I too, have had to represent myself.   The same things have happened to me.  My home is needlessly in foreclosure over a simple signature for a modification of the mortgage.  Judge Kelly Wall, in Montgomery County, was indebted to the bar for campaign contributions.  She let a motion for relief go unaddressed for four years, and failed to disclose it on the Rule 703 reports, which require them report timely disposition of issues.  After four years of contacting the Judicial Conduct Board, I managed to get  a meeting with them.  They did force her to recuse, but apologized that they have no restitution mechanisms. My anger is not so much with my revengeful spouse, as it is with the people who are being paid to control these situations.

Maybe if I had gotten involved fifteen years ago, with trying to repair our severely decayed justice system, I would not be now battling for eight years, still not even divorced.  Whether you are involved in family court or just a plain civil matter, the problem is all from the same source.  No checks and balances over the Judicial Branch.  They are directly responsible for all of the government corruption we are seeing.  So I understand the apathy; but I cannot understand when those that are involved, how they still do not participate in trying to stop this from happening to their children in the future.

It took Martin Luther King, Jr. over twenty years, to get enough people to actively participate in the civil rights movement of the 1960’s.  This is where our trouble with the courts began.  You can learn about it here.  Since that time, the bar associations increased their power over the courts, to take away those rights that were fought for during that time.  There is a lot of information on how this occurred on Pennsylvania Court Watch – it regards the Open Meeting Laws and Sunshine Act. 

But in the interim, I have an historical case – one that no one in the state of Pennsylvania has had as much success on, in suing the opposing attorney in my divorce. If I prevail, it will set precedent for others to use. The reason I was able to get as far as I have, is because ONE judge, did not take campaign contributions, and is not subservient to the bar.  For the last four years I have been in litigation against this attorney and  it has given me valuable information that I would like to share.  

Last week, the defendants attorney made a mistake.  He filed what is known as a Motion for Reconsideration, for dismissal of his preliminary objections, by the first judge, from years ago. When he did this, under the collateral judgment doctrine, the decision process went back to the first judge, who had been removed from the case after she allowed my case to move forward.  The current judge,  who took a large amount of campaign contributions, has been allowing the defendants to use dilatory tactics, and drag the case out for the last three years.

The first judge denied their attempts to dismiss the case again. and it gave me something invaluable. She wrote an opinion, which gives the Pennsylvania Law, to sue an opposing attorney for abuse of process.  Only about a dozen states in the country provide for this.  You can view the law on the site here:  Order of Judge on Attorney Abuse of Process.   Use it in your own case; maybe if enough people sue the opposing attorneys, it will help end judicial corruption. 

 

 

 

Thank you.

 

Pennsylvania Court Watch

Court Reform Advocacy

Government Transparency has Prohibitive Costs for the Public

In investigating the massive amount of self-represented litigants, that are denied allocatur by the Pennsylvania Supreme Court, the statistics were requested for those that were granted a review.

The response from the Administration of Pennsylvania Courts is posted below.  The questions is, what are the costs involved in searching a database and mailing a file, in response to a request?  The work is presumably done by an employee who is already being paid for administrative services, through our tax dollars.

Perhaps this request intimated them, after my numerous attempts at questioning pro se  discrimination by our courts. The requested information should be reported in their annual reports, as it is a very serious problem with the Judicial Branch, which they have avoided addressing for decades.

The American Bar Association, for to long, has controlled access to the courts, by exorbitant, unregulated attorney hourly fees.  To add salt to the wound, if you do represent yourself, you will invariable be treated with resentment and hostility.

I encourage others to request the below information from your state court administration. Thus far, I have not been able to find anyone who is not paying an attorney or who is not a member of the bar themselves, that has been granted allocutor with the Pennsylvania Supreme Court.

 

http://www.pacourtwatch.com/wp-content/uploads/2015/04/PA0904-Diane-Gochin-Public-Access-Data-Request_Redacted.pdf

Horrendous Murder-Suicide: Another Family Falls Victim to the Pennsylvania Courts

BrokenScalesUpdate April 8, 2015:  It has since been confirmed that this was a murder suicide, and that Mr. Peppelman turned the chainsaw on himself, after killing his ex-wife.  Funeral services were held last week, at the Bryn Athyn Cathedral.

 The Peppelman’s have three children, all under the age of 14.  One of the younger children found his parents and called 911. It is confirmed that this was a highly contentious domestic relations issue, whereby the police had been called to the residence multiple times.  It is odd that the wife was at the house, considering she had moved out with the three children.  The children may have been coming home from school to the residence and were being picked up by the mother.

As a side note, the husband was represented by Lynn Gold-Bikin, a very high priced lawyer, whose office is located near the Montgomery County Court.  Ms. Gold-Bikin has been known to ask for retainers up to $250,000.  In speaking with a news reporter from Philly News, Jason Nark,  it was said that the wife’s  lawyer claimed the divorce was over.  However, he should request the invoices of this attorney- Cheryl Young  of Hangley Aronchick Segal Pudlin & Schiller LLC – and Ms. Gold-Bikin to see if continual services were being billed for – over custody or other monetary issues. Lynn Gold-Bikin is also representing Attorney General Kathleen Kane in her divorce.

March 31, 2015:  Just three months ago, this past December, Bradley Stone killed his wife and six members of her family in Montgomery County, Pennsylvania.   The news media claimed that Stone, who was an Iraq veteran, suffered from PTSD (Post Traumatic Stress Disorder) usually attributed to combat. That story is here:   Montgomery County Shooting Spree Suspect Bradley Stone Found Dead

What they chose to ignore was that Stone was trapped in the Montgomery County family court system for approximately 10 years. That can also cause PTSD, known as Legal Abuse Syndrome. After the history of the family was revealed, Montgomery County District Attorney Risa Furman, made a comment regarding Stone – that “maybe he did not get his way in the custody battle he was involved in, but that’s no excuse. ”

Where is the excuse of the judges in Montgomery County who presided over another family court case,  that today resulted in another murder-suicide?  Is anyone seeing a pattern here?   Christopher Peppelman and his wife, Nicole, had been in a divorce battle for 5 years. In the quiet town of Lower Moreland,  the wife was found hacked to death by a chainsaw in their home, and the husband was also found dead, although the cause of death has not been released.   They were found by one of their children. As a resident of that small town, rumor has it,  that what precipitated the horrendous scene – involved the judges of Montgomery County family courts.

Judge Bertin, who is the same judge that Bradley Stone had, presided over this  divorce for a period of time. Judge Danielle also conducted hearings- this judge has had multiple complaints about her over the years. I have witnessed the behavior of both these judges first hand.  Judge Gail Weilheimer is new to the bench, and I have personal experience with her. Her loyalties clearly lie  with the people that funded her election campaign – the lawyers of the Montgomery County Bar Association.  As do most all of the judges in this county.  She issued the last order in this case.

For too long, the attorney hourly fee system, judicial immunity and judicial campaign contributions -invariably from attorneys that come before these judges- has been a prescription for racketeering. What the news media continually fails to address is that the court system is set up to provide profit, not justice. In family court, they  put a price on the child’s head.  Whoever gets the most custody time, even if its another 5%, has to pay the other party. You have to wonder why a judge would give 5% more time to one parent than another.   Just what is the going rate  for 5% custody of a child?

The answer is  that it creates controversy between the parties, and increases the hourly billing for attorneys. With no oversight to our self-regulating attorneys, who also serve as judges, this has gone on unchecked for decades. The Pennsylvania Judicial Conduct Board received over 750 complaints just this year – and addressed only five of them. They operate in secrecy and do not reveal complaints however, anyone who has been involved in the family courts will probably tell you that they submitted complaints to the Board, all dismissed. This is the same Board that ignored approximately 40 complaints over a period of seven years, regarding the two judges who were eventually convicted in the Kids for Cash Scandal, albeit not on charges for their actions on the bench. They were shielded by immunity laws, that the bar association slipped into the Constitution, without the consent of the people, in 1995.

Until the public demands change, by taking to the streets, it will continue. Our government never seems to understand anything else. The problem is that once you are trapped in the court system, you become  financially and emotionally disabled.

 There are those of us that are staying strong.   On May 4, 2015, there will be a rally for court reform in Harrisburg, PA.    If you live in the area or want to attend, and do not want your children to be left with this disasterous faux legal system, please create a login here and join us.

Thank you.

PA Supreme Court Decision Should Be the Basis to Challenge Judicial Immunity and Self-Recusal

Pennsylvania is the state to watch, with its ongoing  major challenges  to  jurisdiction in our courts,  through what apparently started as a political agenda, against  the State Attorney General Kathleen Kane.  The Pennsylvania Supreme Court is the first  and oldest in the country- the birthplace of democracy, with the most precedent set.   It is ironic that it is also the venue of one of the worst cases of judicial corruption in the country- The Kids for Cash Scandal;  and now that same Judicial Branch is  imposing its dubious power to try to  exceed their jurisdiction, and retain control of the government.

The major cause  of the decline of our democracy,   has its roots in the claims of “judicial independence” and the self-regulated judiciary.  There is just no one to go to when the law is being broken by judges- who use “discretionary” rule to deny  due process in violation of  civil rights. The concurring opinions are highly  hypocritical-  in the rulings issued today regarding  Attorney General  Kane.  In the ruling which precipitated this appeal to the Pennsylvania Supreme Court, it was held by  lower court  Judge Carpenter, of Montgomery County,  that the Attorney General cannot investigate herself.  However,   judges get to decide every day if they should recuse themselves, and they control their own disciplinary process, and that of lawyers.

Below are the concurring and dissenting opinions from today – on the Attorney General’s challenge to the jurisdiction of the courts – who appointed a special prosecutor to investigate her. Prosecution is the jurisdiction of her office – not the courts. According to the doctrine of separation of powers, the judiciary does not have the power to appoint a prosecutor.  Below are the links to the rulings.

Hopefully, Attorney General Kane will challenge the constitutionality of this in the Federal courts, and begin to address the mass of complaints their office receives regarding lack of judicial integrity.  The only one that got it right, is the only woman on the bench – Madame Justice Todd- who wrote the dissenting opinion:

In Re: 35th Statewide Inv Grand Jury / of: AG (opinion announcing the judgment of the court)
http://law.justia.com/cases/pennsylvania/supreme-court/2015/197-mm-2014-1.html

Date: March 31, 2015
Docket Number: 197 MM 2014

In Re: 35th Statewide Inv Grand Jury / of: AG (concurring)
http://law.justia.com/cases/pennsylvania/supreme-court/2015/197-mm-2014-2.html

Date: March 31, 2015
Docket Number: 197 MM 2014

In Re: 35th Statewide Inv Grand Jury / of: AG (dissenting)
http://law.justia.com/cases/pennsylvania/supreme-court/2015/197-mm-2014-3.html

Date: March 31, 2015
Docket Number: 197 MM 2014

 

Bar Association Claims of Non Profit Doubtful

THE PRO BONO MYTH

The biggest problem litigants often have is Pro Se (representing oneself) discrimination.  We often hear that people lose their homes and life savings from lawsuits.  The illusion here is that one party in a lawsuit loses, and has to pay the other party.   The fact is that people are financially devastated from attorney’s fees- not from the opposing parties.  Without a lawyer, no matter how skilled you are at writing and research, you will be victimized by unavoidable bias and collusion.  This is inevitable in a system that allows judges to serve in courts where they have already worked for decades. Continue reading “Bar Association Claims of Non Profit Doubtful”