Thursday, July 30, 2015

No fees , NO filing , No Service , No Answer by Frank Miller yet court rules for him !

A few days ago I received the letter below from the Law Firm of Frank Miller Esq where it appears that a staff member Kathleen O'Neill, wrote the letter on behalf of staff attorney William Hathaway notifying all of their victory in the O'Sullivan V Bowie case 911-2014 .
Originally I won this case on default after three notices and failure to appear the court granted a default judgement  Through the undermined ways of Frank Miller Esq who is paid by the County Of Delaware not only are filing fees waived regardless of the fact but it seems that Frank Millers crew does not have to properly serve nor do they have to file their supporting papers   So I assume that this letter is an undermined attempt of a Notice of Entry!  Moreover mind you Frank Miller Law Firm is a seasoned firm that has had many dealings in Delaware County so, they know exactly what they are doing!   If this is a  Notice of Entry it does not comply under CPLR especially knowing that last I knew Sharron O'Dell was the Delaware County Clerk !
As of yesterday the court index to this case states that the last filing was on July 10th  by the court which a COPY  ( mind you a copy )of Derek Bowie's affidavit & exhibits for an apparent motion filed back in January   Below is the index 
 On  May 21 2015  I filed a motion to dismiss after I had not been served properly in which a hearing was held on February 11th 2015  & a dismissal of the default judgement was granted   Index reflex's that on June 16th 2015 I filed my affidavit of service on Miller Law firm   However I received a letter dated June 8th 
along with a package containing one big mess which it claimed to have been an answer to my motion yet still nothing  has been filed as of yesterday !Among the mess of papers I received with no way to verify what was actually was filed below I have attached one of the exhibits from Kathleen O'Neill that was contained among the mess 
It appears that a co counsel at the Law firm by the name of  Christopher Militello notarized 
Kathleen O'Neills affidavit of service before Frank Miller Law Firm gave any type of notice in this case! This is just one of the many excusable errors by this law firm but it seems they don't have any filing fees nor do they have to file supporting papers but the court grants them whatever . Just wondering how much all these errors are going to cost the taxpayers in the long run ????

No fees are paid , No proper filings are made , NO proper service , NO answers filed  ,Rulings are made in their favor and No Notice of Entry denying me my right to appeal  !

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