Case Information
*1 Richard Thompson, 610-436-5582, P.O. Box 463, West Chester, PA 19380
In the Twelfth Court of Appeals 1517 W. Front St., Suite 354 Tyler, Texas 75702 Tel 903 593 8471, Fax 903 593 2193 Appeal: 12-15-00226-CV From: Cause No. 2014-0349-CCL2 Richard Thompson (heir in Estate of Wm. McGeorge) FILED INCOUT 0= AP°EALS 12t!- Co.;-. :' Appeals 3isr3 vs. Blackberry LC (aka Bob Anderson, Esq.) fax 903 232 1881 Letter To: Barbara Duncan, Clerk, District Court, Gregg County, TX Re: Bill of costs, 2014-0349-CCL2 ($320) Subject: Redirection to Plaintiff/Appellee (the initiator)
Dear Ms. Duncan: Please redirect your 5 Nov 15 Bill of Cost, EXH A, to the moving party, Plaintiff/Appellee, Bob Anderson who generated it. I believe he will acknowledge his obligation and his need to have the record submitted as he has already begun his defense in the Twelfth Court of Appeals. I am advising him to pay it through a copy of this letter. In the alternate, trial court should absorb the costs which are of its own making - there was no cause of action against me as I had never been approached by Bob Anderson to sell my share of property, there was no appraisal and no offer - had there been, I might have agreed - at a fair price. As it was, the court denied my motion for dismissal for lack of cause. Again, when I praeciped to strike an ex-parte order authorizing sale of property 5/26/15, the Clerk ignored the relief to which I was entitled. The court held a sham trial in disregard of the uncontested facts I properly filed and which are now the jurisdiction of Appeals Court. Consequently, the Longview CCL2 has aided and abetted Bob Anderson in the taking of property under the false claim it had little or no value, and did so by creating the Bill of Cost he had threatened upon his victims. Said Bill of Cost is the extortion inherently implied in any *2 lawsuit - it is proof Anderson has the ways and means of carrying out a threat. (This is not a legal right, he is acting outside the law - not merely beyond it, and you should not participate). Your Bill of Cost does not itemize what you charge for, presumably copying pleadings ($320 / $.10 = 3200 pages?). The docket is public, Appeals Court can view as well as r/e speculators. The hearing was unnecessary and a travesty as the court ignored my written appearance, nonetheless I ordered a transcript (for my expense) that was never provided. On top of the $320 you are billing me, (I acknowledge this is a discount from the $455 you originally quoted) I had to pay $205 just to get into Appeals Court; $525. This is the cost Anderson threatened, and how all the heirs have been frightened away or why they abandoned their rightful claims Furthermore, the docket has been corrupted: no party identification is given to any pleading, nor the topic, let alone the actual captions, EXH. B. Without proper listing of motions and pleadings the hearing was corrupted, defendants prejudiced and appellate rights violated. I respectfully request the record be corrected to state the actual captions submitted by the parties and their names. Listing documents by date alone conceals the true nature of case and covers up how property was taken without just compensation. Please correct the docket and submit the entire file without delay - work it out with Bob Anderson - maybe find the money in court registry - or forgive it, there was no cause against me and the cost a fabrication to take property under color of law. There is still no appraisal and no dispute that the County assesses taxes at twice the price forwhich Anderson took it. Note to Bob Anderson: I believe these are properly yours, notwithstanding the District Clerk normally bills the Appellant in a
typical case, but this is not a typical case.
You opted for a surprise public accusation and trial against me without any prior contact or conversation whatsoever, I was not heard, you took a property for $75,000 that I valued at $507,300 conservatively, and you never produced an appraisal. You misinformed the Estate on the value of the property, initiated a lawsuit behind my back and are by necessity a de facto moving (and indispensable) party on appeal because your taking was the product of collusion with the Receiver and cannot be sustained, it is null and void on its face for conflict of interest evidenced by his admitted inability to make an independent appraisal, for "ethical reasons." The Clerk has never mailed me copies of the docket, which I requested, and am entitled. The hearing was absolutely unnecessary as my pleadings were more than sufficient to dismiss. You generated these costs, not me, to prove your ability to carry-out threats of civil suit to penalize defendants. *3 As you have already begun defense of your taking, I am sure you will want to expedite correction and submission of your record in Longview. Appeals court has granted you until Dec 2 to submit your record, I have submitted mine. Served by First Class Mail hereby certified to the three parties addressed, 11/15/15.
Verified true and correct under penalty of law.
Richard Thompson 11/15/15 cc: Bob Anderson, Plaintiff/Appellee/Defendant V Katrina McClenny, Chief Deputy Clerk, Twelfth Court of Appeals Addendum to my Memo of Law on Surface rights of 10/21/15:
This bill is a fruition of the tacit threat that resistance will result in a cash penalty. Billing court costs to
victims of malpractice is a common strategy in collusive malpractice. Plaintiff persuaded heirs to sell their small shares in exchange for avoiding legal costs that would exceed his offer- having no other legal advice than Anderson 's, they were compelled to accept his checks.
*4 b*H STATEMENT BILL OF COST
BARBARA DUNCAN DISTRICT CLERK GREGG COUNTY
LONGVIEW, TEXAS DATE: November 05, 2015 CAUSE NO. 2014-0349-CCL2 BLACKBERRY, LC VS ETHELWYNN BOWEN ET AL
RICHARD THOMPSON P 0 BOX 463 WESTCHESTER PA 19380 ++-l~l-l-t-+-l-+-l-+++++++++-H-++++ H—t—t—I—J—I—I—I—I—I—I—I—1—1—I—I—1—I—I—I—t—I—I—I—I—I—i—I—»—I—I—i—I—I—I—1—I—I- Total for Clerk's Record on Appeal
$ 320.00
PAY THIS AMOUNT $ 320.00 PLEASE SEND PAYMENT ON OR BEFORE NOVEMBER 12, 2015. FAILURE TO DO SO WILL HINDER THE SUBMISSION OF THE CLERK'S RECORD TO THE 12™ COURT OF APPEALS. PLEASE RETURN COPY WITH REMITTANCE. THANKS FOR YOUR COOPERATION, BRITNIE MINOR DEPUTY CLERK FOR BARBARA DUNCAN DISTRICT CLERK P.O. BOX 711 LONGVIEW, TX 75606
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REGISTER OF ACTIONS
u Case No. 2014-0349-CCL2 t^tf- Case Type: Partition Suit BLACKBERRY, LC VS ETHELWYNN BOWEN ET AL Date Filed: 02/18/2014 Location: County Court at Law 2
Judicial Officer: Dulweber, Vincent, DC
PARTY INFORMATION
Lead Attorneys Defendant BOWEN, ETHELWYNN ProSe Defendant CALLAHAN, TIMOTHY JOHN W. MOORE
Retained
903-236-3500(W)
Defendant ECKENRODE, LEE Defendant ECKENRODE, TIMOTHY Defendant FRANK, CHRISTINA Defendant GAETH, BONNIE Defendant KLIMCZACK, JOSEPH, Jr. Defendant KLIMCZACK, ROBERTA Defendant KOBAN, LUCY Defendant Roling, TONY Defendant TAYLOR, ELLEN Defendant THE UNKNOWN HEIRS OF ANY OF THE JOHN W. MOORE
ABOVE NAMED DEFENDANTS WHO ARE Retained 903-236-3500(W) DECEASED Defendant THE UNKNOWN HEIRS OF JOHN WILLIAM JOHN W. MOORE Retained SHOEMAKER
903-236-3500(W)
Defendant THE UNKNOWN HEIRS OF MARY CLARK JOHN W. MOORE MCGEORGE Retained
903-236-3500(W)
Defendant THE UNKNOWN HEIRS OF WILLIAM M. JOHN W. MOORE MCGEORGE, JR Retained
903-236-3500(W)
Defendant THOMPSON, RICHARD ProSe Defendant YOCOM, THOMAS Plaintiff BLACKBERRY, L C Bob Anderson
Retained
903-232-1880(W)
Events & Orders of the court *6 Page 2 of4
DISPOSITIONS
Dismissed (Judicial Officer: Dulweber, Vincent, DC)
05/19/2014 PartyO
OTHER EVENTS AND HEARINGS
Plaintiffs Original Petition (OCA) 02/18/2014 Citation By Certified Mail 02/24/2014
BOWEN, ETHELWYNN Served 02/27/2014 Response Received 03/10/2014 Returned 03/03/2014
YOCOM,THOMAS Unserved TAYLOR, ELLEN 02/27/2014 Served
Response Due 03/24/2014 Returned 03/03/2014
THOMPSON, RICHARD Returned Unserved 06/09/2014 Returned 06/09/2014 ECKENRODE, LEE Served 03/01/2014 Response Due 03/24/2014 03/04/2014 Returned
ECKENRODE, TIMOTHY Served 03/07/2014 Response Due 03/31/2014 Returned 06/05/2014
GAETH, BONNIE 02/26/2014 Served Response Due 03/24/2014 Returned 03/13/2014
KOBAN, LUCY Served 02/27/2014 Response Due 03/24/2014 Returned 03/03/2014
FRANK, CHRISTINA 02/27/2014 Served Response Due 03/24/2014 Returned 03/03/2014
KLIMCZACK, JOSEPH, Jr. 03/14/2014 Served Response Due 04/07/2014 Returned 03/17/2014
KLIMCZACK, ROBERT A Served 02/27/2014 Response Due 03/24/2014 Returned 03/03/2014
Citation Return Registered Mail 03/03/2014 Citation Return Registered Mail 03/03/2014 Citation Return Registered Mail 03/03/2014 Citation Return Registered Mail 03/03/2014 Citation Return Registered Mail 03/03/2014
Citation Return Registered Mail 03/04/2014 Defendant Original Answer 03/10/2014 Citation Return Registered Mail 03/13/2014 Citation Return Registered Mail 03/17/2014 Citation By Certified Mail 04/17/2014
YOCOM, THOMAS Served 05/26/2014 Response Due 06/16/2014 Returned 06/04/2014
04/17/2014 Return Of Service 04/23/2014 Motion To Dismiss 04/24/2014 Notice Litigation Control Order 04/24/2014 05/14/2014 Motion To Dismiss 05/14/2014 Motion 05/14/2014 Letter 05/19/2014 Order 06/04/2014 Motion for Alternate Service 06/04/2014 Letter Citation Return Registered Mail 06/05/2014 06/05/2014 Order Substitute Service Citation Return Registered Mail 06/05/2014 Citation Return Effort Registered Mail 06/09/2014
Reply 06/11/2014 06/19/2014 Affidavit 06/19/2014 Letter 06/23/2014 Order 06/24/2014 Citation 06/25/2014 Citation Publication
CALLAHAN, TIMOTHY Returned Unserved 07/17/2014 Returned 07/17/2014 Letter 06/25/2014 07/03/2014 Waiver 07/17/2014 Citation Publication
CALLAHAN, TIMOTHY Served 09/08/2014 Response Due 10/27/2014
THE UNKNOWN HEIRS OF JOHN WILLIAM
Unserved SHOEMAKER THE UNKNOWN HEIRS OF MARY CLARK
Unserved
MCGEORGE
Unserved *7 Page 3 of 4 THE UNKNOWN HEIRS OF ANY OF THE ABOVE NAMED DEFENDANTS WHO ARE DECEASED THE UNKNOWN HEIRS OF WILLIAM M.
Unserved
MCGEORGE, JR
07/17/2014 Return Of Service Citation by Publication Returned Sheriff 09/08/2014
Order Appointing Attorney Ad Litem 09/09/2014 Letter 09/09/2014 Designation of Expert Witness 09/11/2014 10/07/2014 Amended Petition Notice Of Hearing 10/07/2014 10/17/2014 Letter
Supplemental Pleading 10/22/2014 10/23/2014 Non-Jury Trial (10:00 AM) 0
Supplemental Pleading 10/23/2014 10/23/2014 Affidavit 10/23/2014 Affidavit 10/24/2014 Exhibit 10/24/2014 Statement Of Evidence 11/12/2014 Letter 11/24/2014 Order Of Sale 11/26/2014 Motion CANCELED Pre Trial (3:00 PM) 0 01/08/2015
Other CANCELED Jury Trial (9:00 AM) 0 01/12/2015 Other 01/15/2015 Motion 01/26/2015 Order Objection 01/26/2015 Objection 02/02/2015 02/24/2015 Motion
Report 03/23/2015 Proposed Order 03/23/2015 Amended Response 03/26/2015 Notice Of Hearing 04/13/2015 Application For Sale Of Real Property (11:00 AM) 0 04/24/2015 04/24/2015 Order 05/26/2015 Motion To Strike Response 06/03/2015 Order Denying New Trial 06/05/2015 06/09/2015 Motion To Strike 07/31/2015 Motion 08/03/2015 Docket Sheet 08/03/2015 Order Receipt 08/05/2015
Receipt 08/06/2015 Receipt 08/07/2015 Receipt 08/10/2015 Notice of Appeal 08/14/2015 Receipt 08/17/2015 08/18/2015 Letter 09/15/2015 Letter Appeal 09/15/2015 09/16/2015 Letter 09/16/2015 Letter 09/29/2015 Letter 10/02/2015 Letter 10/09/2015 Letter 11/04/2015 Letter 11/05/2015 Bill Of Costs
Financial Information Applicant READER, MIKE Total Financial Assessment 10.00 Total Payments and Credits 10.00 Balance Due as of 11/16/2015 0.00
01/26/2015 Transaction Assessment 2.00 e-Filing Receipt # 001120-2015-DC READER, MIKE (2.00) 01/26/2015 04/13/2015 Transaction Assessment 2.00 e-Filing Receipt* 005035-2015-DC READER, MIKE (2.00) 04/13/2015 04/24/2015 Transaction Assessment 2.00 e-Filing Receipt # 005662-2015-DC READER, MIKE (2.00) 04/24/2015 06/05/2015 Transaction Assessment 2.00 e-Filing Receipt # 007848-2015-DC (2.00) READER, MIKE 06/05/2015 08/03/2015 Transaction Assessment 2.00 e-Filing Receipt* 010535-2015-DC (2.00) READER, MIKE 08/03/2015
*8 Page 4 of4
Plaintiff BLACKBERRY, L C
Total Financial Assessment 1,041.00 Total Payments and Credits 1,041.00 Balance Due as of 11/16/2015 0.00
02/18/2014 Transaction Assessment 995.00 02/18/2014 Payment Receipt # 001336-2014-DC Anderson, Bob (995.00) 06/04/2014 Transaction Assessment 2.00 06/04/2014 e-Filing Receipt # 004805-2014-DC (2.00) BLACKBERRY, L C 06/19/2014 Transaction Assessment 2.00 06/19/2014 e-Filing Receipt # 005366-2014-DC BLACKBERRY, L C (2.00) 06/25/2014 Transaction Assessment 10.00 06/25/2014 e-Filing Receipt* 005514-2014-DC BLACKBERRY, L C (10.00) 06/30/2014 Transaction Assessment 22.00 06/30/2014 e-Filing Receipt # 005644-2014-DC BLACKBERRY, L C (22.00) 07/03/2014 Transaction Assessment 2.00 07/03/2014 e-Filing Receipt* 005816-2014-DC BLACKBERRY, L C (2.00) 09/11/2014 Transaction Assessment 2.00 09/11/2014 e-Filing Receipt # 007972-2014-DC BLACKBERRY, L C (2.00) 10/07/2014 Transaction Assessment 2.00 10/07/2014 e-Filing Receipt # 008872-2014-DC BLACKBERRY, L C (2.00) 10/07/2014 Transaction Assessment 2.00 10/07/2014 e-Filing Receipt # 008873-2014-DC BLACKBERRY, L C (2.00) 03/27/2015 Transaction Assessment 2.00 03/27/2015 e-Filing Receipt # 004246-2015-DC (2.00) BLACKBERRY, L C