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 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. 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. b*H 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 Page 1 of 4
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REGISTER OF ACTIONS Case No. 2014-0349-CCL2 t^tf- u BLACKBERRY, LC VS ETHELWYNN BOWEN ET AL Case Type: Partition Suit 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 DECEASED 903-236-3500(W)
Defendant THE UNKNOWN HEIRS OF JOHN WILLIAM JOHN W. MOORE SHOEMAKER Retained 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
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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 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. 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. b*H 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 Page 1 of 4
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REGISTER OF ACTIONS Case No. 2014-0349-CCL2 t^tf- u BLACKBERRY, LC VS ETHELWYNN BOWEN ET AL Case Type: Partition Suit 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 DECEASED 903-236-3500(W)
Defendant THE UNKNOWN HEIRS OF JOHN WILLIAM JOHN W. MOORE SHOEMAKER Retained 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
http://beta.co.gregg.tx.us/OdysseyPA/CaseDetail.aspx?CaseID=1444713 11/16/2015 Page 2 of4
DISPOSITIONS
05/19/2014 Dismissed (Judicial Officer: Dulweber, Vincent, DC) PartyO
OTHER EVENTS AND HEARINGS
02/18/2014 Plaintiffs Original Petition (OCA) 02/24/2014 Citation By Certified Mail BOWEN, ETHELWYNN Served 02/27/2014 Response Received 03/10/2014 Returned 03/03/2014 YOCOM,THOMAS Unserved TAYLOR, ELLEN Served 02/27/2014 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 Returned 03/04/2014 ECKENRODE, TIMOTHY Served 03/07/2014 Response Due 03/31/2014 Returned 06/05/2014 GAETH, BONNIE Served 02/26/2014 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 Served 02/27/2014 Response Due 03/24/2014 Returned 03/03/2014 KLIMCZACK, JOSEPH, Jr. Served 03/14/2014 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 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 Citation Return Registered Mail 03/10/2014 Defendant Original Answer 03/13/2014 Citation Return Registered Mail 03/17/2014 Citation Return Registered Mail 04/17/2014 Citation By Certified Mail 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 04/24/2014 Litigation Control Order 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 06/05/2014 Citation Return Registered Mail 06/05/2014 Order Substitute Service 06/05/2014 Citation Return Registered Mail 06/09/2014 Citation Return Effort Registered Mail 06/11/2014 Reply 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 06/25/2014 Letter 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
http://beta.co.gregg.tx.us/OdysseyPA/CaseDetail.aspx?CaseID=1444713 11/16/2015 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 09/08/2014 Citation by Publication Returned Sheriff 09/09/2014 Order Appointing Attorney Ad Litem 09/09/2014 Letter 09/11/2014 Designation of Expert Witness 10/07/2014 Amended Petition 10/07/2014 Notice Of Hearing 10/17/2014 Letter 10/22/2014 Supplemental Pleading 10/23/2014 Non-Jury Trial (10:00 AM) 0 10/23/2014 Supplemental Pleading 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 01/08/2015 CANCELED Pre Trial (3:00 PM) 0 Other 01/12/2015 CANCELED Jury Trial (9:00 AM) 0 Other 01/15/2015 Motion 01/26/2015 Order 01/26/2015 Objection 02/02/2015 Objection 02/24/2015 Motion 03/23/2015 Report 03/23/2015 Proposed Order 03/26/2015 Amended Response 04/13/2015 Notice Of Hearing 04/24/2015 Application For Sale Of Real Property (11:00 AM) 0 04/24/2015 Order 05/26/2015 Motion To Strike 06/03/2015 Response 06/05/2015 Order Denying New Trial 06/09/2015 Motion To Strike 07/31/2015 Motion 08/03/2015 Docket Sheet 08/03/2015 Order 08/05/2015 Receipt 08/06/2015 Receipt 08/07/2015 Receipt 08/10/2015 Receipt 08/14/2015 Notice of Appeal 08/17/2015 Receipt 08/18/2015 Letter 09/15/2015 Letter 09/15/2015 Appeal 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 01/26/2015 e-Filing Receipt # 001120-2015-DC READER, MIKE (2.00) 04/13/2015 Transaction Assessment 2.00 04/13/2015 e-Filing Receipt* 005035-2015-DC READER, MIKE (2.00) 04/24/2015 Transaction Assessment 2.00 04/24/2015 e-Filing Receipt # 005662-2015-DC READER, MIKE (2.00) 06/05/2015 Transaction Assessment 2.00 06/05/2015 e-Filing Receipt # 007848-2015-DC READER, MIKE (2.00) 08/03/2015 Transaction Assessment 2.00 08/03/2015 e-Filing Receipt* 010535-2015-DC READER, MIKE (2.00)
http://beta.co.gregg.tx.us/OdysseyPA/CaseDetail.aspx?CaseID=1444713 11/16/2015 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 BLACKBERRY, L C (2.00) 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 BLACKBERRY, L C (2.00)
http://beta.co.gregg.tx.us/OdysseyPA/CaseDetail.aspx?CaseID=1444713 11/16/2015