I could not pass up covering this in more depth because of its egregious nature…
Earlier, I posted Lee County Court Service Issues | Let’s “Give the Plaintiffs/Provest a Very Strong Argument Should Someone Challenge Service of Process” that linked over to Matt Weidner’s site regarding an email exchange that discussed insufficient service of process which resulted in a letter from chief judge G. Keith Cary.
I felt the need to cover this deeper after reading the emails and letter again.
From the email exchange…
Be sure to read it in its entirety…
From: Ederr, Suzanne
Sent: Thursday, January 28, 2010 1:19 PM
To: Cary, G. Keith
Cc: Kellum, Susan GSubject: Certified Process Server Issue – Camille Cavallo
« File: LetterGKC – Cavallol.docx »
Judge Cary:
Here’s an update on the Certified Process Server issue. I spoke to Ms. Cavallo and asked her to sign an affidavit attesting to the fact that she hasn’t been serving since her card expired on Dec. 31 … she paused, then said she couldn’t because she has been serving. It gets worse … I spoke to the contracts manager for Provest, Melody Bulso, and she reports that Ms. Cavallo has served at least 300 summonses for them during the 1st 3 weeks of January. The only reason that Ms. Cavallo began inquiring as to her new card on Jan. 21st was because on Jan. 20th, Ms. Bulso told her they wanted to see her “license.” Provest does ask all their servers for copies of their updated cards and, when they did so this year, Ms. Cavallo was the only one unable to produce a 2010 card. Provest is now in a bit of a tailspin because they now have to re-serve those 300 summonses … they have requested some sort of accommodation such as perhaps extending Ms. Cavallo’s prior license only through Jan. 21st so as to cure all of those services, but I don’t think you have the authority to do so. I don’t see how we can, in good faith, “extend” her prior license unless we could somehow backdate a new oath, which I don’t think would be appropriate. Ms. Bulso is now having problems in getting Ms. Cavallo to contact them (Ms. Cavallo will not return Ms. Bulso’s calls), and Provest will no longer use her, regardless of whether she gets her certification back. Ms. Bulso also confirmed that even though she didn’t personally have any negative experiences with Ms. Cavallo, she has heard through the grapevine that she is trouble.
Then there was some follow up…
From: Ederr, Suzanne
Sent: Friday, January 29, 2010 5:20 PM
To: Cary, G. Keith
Cc: Kellum, Susan G; Bauer, TerriSubject: RE: Certified Process Server Issue – Camille Cavallo
« File: LetterGKC – Cavallo1.docx» « File: Cavallo-Camille.doc »
Judge:
One more minor twist .. .. Corporate Counsel for ProVest sent a 6 page letter seeking guidance as to how they can save their 300 plus served summonses. One thing that they do point out is that the list posted on our website did include Ms. Cavallo which means that she was technically on the Chief Judge’s list as of Jan. 22nd• I have since had the list pulled off of the website and we will post the new one for 2010 next week. In looking at the old list that was posted, I note that it does NOT indicate 2009 in the title, and so I guess ProVest sort of has a point in that she was still on the list as of Jan. 22nd• That doesn’t cure the fact the Ms. Cavallo didn’t sign a new oath and served process using her expired card, with total disregard, and does not change my recommendation. But, it does give me an idea as to how we may be able to help out ProVest.
I’m thinking that in addition to not including Ms. Cavallo on the 2010 list, we can also use language that REVOKES her appointment effective January 22, 2010, 11:59 p.m. We do need to do a revocation order anyway and we can just specify the effective date in the order of Jan. 22rd rather than Jan. 1st. I do not know for sure if this will cure the legal issue of whether service was defective, but it will most certainly give the Plaintiffs/ProVest a very strong argument should someone challenge service of process . .. Ms. Cavallo was appointed to the Chief Judge’s list of certified process servers and that appointment wasn’t revoked until Jan. 22rd• We don’t have to ((extend” her 2009 appointment or somehow deal with the issue of having her sign and backdate an oath to cover Jan. 1 thru Jan. 22.
Susie was able to pull the letter that you signed on Thursday before it was sent out, and I amended the letter just slightly to add in
I am denying your request to be added to the Twentieth Judicial Circuit’s List of Certified Process Servers for 2010, and I am revoking your appointment effective January 22. 2010. 11:59 p.m.
I’ve also prepared an order revoking her appointment effective Jan. 22, 11:59 p.m. Please let me know if these meet with your approval. Also, when we post the new list next week, you can be sure that it will include language to clarify that it is the list for 2010 and that it is valid through Dec. 31, 2010 only.
You see what she is suggesting right?
Basically, we will make it look like her appointment was revoked on Jan 22nd but it really was Dec 31st but will will try and trick everyone and give the banks “a very strong argument should someone challenge service of process” to allow the banksters to steal the homes faster so we can clear our docket.
Did the judge buy into it?
Yep, he did…
From: Cary, G. Keith
Sent: Monday, February 01, 2010 12:52 PM
To: Ederr, Suzanne
Cc: Kellum, Susan G; Bauer, Terri
Subject: RE: Certified Process Server Issue – Camille CavalloI like this new work out, I am in agreement.
G. Keith Cary
239-533-9140
And this letter followed…
February 1, 2010
Re: Chief Judge’s List of Certified Process Servers
Dear Ms. Cavallo:
I am in receipt of your letter dated January 22, 2010. It is my understanding that your cel1ification expired on December 31, 2009. Even though you did initiate the renewal of your certification, you did not sign a new oath and did not pick up your eard prior to expiration of your 2009 certification. lt appears that your first proactive attempt to pick up your card and sign your oath was either on Thursday, January 21, 2010 or Friday, January 22,2010, by which time your file and application had already been returned to my office by the Chair of the Twentieth Judicial Circuit Cel1ified Process Server Review Board to be treated as an abandoned application. If you had not been actively serving process subsequent to December 31, 2009, I would not have any objection to reinstating your renewal application and adding you to my list of Certified Process Servers for 2010. However, you have admitted that you continued to serve process subsequent to December 31, 2009, using your expired card, and it is my understanding that you have, in fact, served process on as many as 300 occasions using your expired card and having not signed your new oath.
Even though you state in your letter that you were “unaware that I was to pick up my Process Server Identification Card and what location before the end of the year,” I find this statement to be disingenuous. You were contacted by the Chair of the Board via telephone on December 12, 2009, and you were advised that your card was rcady to be picked up and given the address to where you should go to pick up your card and sign your oath. I cannot fathom the nature of any “conflict in schedule” between December It’ and January 21″ that would have prevented you from exercising all due diligence necessary so as to ensure that you had signed your oath and picked up your new card prior to serving process beyond December 31 “.
Based on your letter, I do not know whether you appreciate the full impact of your neglect or how you have compromised each case in which you served process after December 31”. Ultimately, it is your clients who will suffer any repercussions of your faulty service, both from a financial and legal standpoint. Needless to say, I demand that all Certified Process Servers included on my list demonstrate an ability to act professionally and responsibly in the perfonnance of their duties. You have been on the list of Certi fied Process Servers in previous years and you are familiar with the procedures of obtaining a new card and signing a new oath each year. By not picking up your new card and signing your new oath prior to the expiration of your old card and oath, coupled with the fact that you continued to serve process utilizing your expired card for three weeks into the new year, you have demonstrated to me a lack of both professionalism and responsibility. Accordingly, at this time, I am denying your request to be added to the Twentieth Judicial Circuit’s List of Certified Process Servers for 2010, and I am revoking your appointment effective January 22, 2010, 11 :59 p.m. This denial and revocation is without prejudice for you to raise this matter before the Twentieth Judicial Circuit Civil Process Server Review Board and to seek a recommendation from the Board in your favor.
Please note that being excluded from the list of Certified Process Servers does not prohibit a person from being appointed by individual motion and order to serve process in any civil action in accordance with Fla. R. Civ. P. 1.070(b).
Respectfully,
G. Keith Cary
Chief Judge
Let’s see if they still have “a very strong argument should someone challenge service of process” now that this is out in the open…
Full email exchange and letter below…
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4closureFraud.org
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G. Keith Cary Letter on Process
Every accommodation made to perpetuate the taking of our properties by lawlessness!
Too much is too much, stop the injustice NOW!
With all this crap going on why even have the courts or the legal process depending on the states get involved in foreclosure cases? Why not just send the armed gunned men from the banks and force people out of their homes by gun point without notice? It is unbelieve to me that our judicial system would not be up in arms about this. We have no honest court system here anymore. What happened to America? The people involved in this unbelievable activity should be fired immediately. Is anyone bringing this to the attention to the people higher up? DISGUSTING!!!!!!!!!!!
Hmmmm, HER professionalism and responsibility…………..WHAT ABOUT HIS????????????????
Oh, HE leads by example here, on how to commit violations of the rules of court? No wonder his judges are criminals, what do you expect, his subordinates get guidance from a criminal, so they follow those footsteps. TOTALLY DISGUSTING!!!!!
Everyone needs to check on your state Code of Judicial Conduct for Ethics and see what ammunition you find in there to apply correction to judges conduct.
I have used appropriate quotes in pleadings and had good results before needing to file to the State a complaint with supporting documents of the case in the alternative that the judge continued to misbehave.
There is a giant broohaha building right now about the IPHONE SPYING. The first lawsuit against APPLE is being filed today because people apparently signed contracts and were not told they would be spied on by APPLE. My local news had a JUDGE on saying that APPLE KNEW WHAT THEY WERE DOING AND INTENDED TO HARM WE THE PEOPLE!!! WTF??? WHEN WE SIGNED THE FAKE MORTGAGE CONTRACTS DID WE KNOW WE WERE BEING INTENTIONALLY FORCED TO PARTICIPATE IN A GIANT PONZI SCHEME HEIST OF OUR WEALTH AND HOMES? DID WE KNOW WE WERE SIGNING A FAKE MORTGAGE CONTRACT? DID WE KNOW WE WERE ALL BEING BUNDLED UP WITH BAD LOANS AND SOLD AS UNSECURITIZED MORTGAGE BACKED SECURTIES THEY KNEW WOULD FAIL.? DID WE KNOW THEY WERE INTENTIONALLY CAUSING A GIANT HOUSING BUBBLE AND PLANNED TO ROB US BLIND OF OUR HOMES AND OUR WEALTH WHEN THE BUBBLE BURST?. THE PROOF IS IN THE ORIGINATION FRAUD!!!!!! RESCIND OUR FAKE MORTGAGE CONTRACTS, WE WERE ROBBED AND IT WAS INTENDED TO CA– USE PERMANENT HARM TO WE THE PEOPLE!!!!
SEE VICTORIES LL AROUND US!
This judge needs to be impeached and removed from the Bar. Where are the stocks and pillories when you need them?
Let’s stop this fiasco! It is now a joke! Worldwide, we are the laughing stock! Where are you MR PRESIDENT, BARACK OBAMA! What happened to the promises you made us!
These foreign multinational criminals bought him long ago. FOREIGN OWNED AND CONTROLLED by none other than these crooks, VATICAN/SMOM/JESUIT Goldman Sucks and these crooks, the Jewish bankers from Chicago were his largest campaign contributers. Wouldn’t you say that may have created a bit of an UNCONSTITUTIONAL CONFLICT OF INTEREST with the FORECLOSUREGATE issue? Kind of like the Judges pension investment in the MBS FRAUD? The local news reported today that The State of Illinois is saying that 47% of the policemens and fireman’s pension money is missing. No word about who they suspect stole it. This news report clearly stated that the 67% tax increase Gov. Quinn imposed on all of us peasants will not come close to covering it. The robbery of the innocent to pay for the crimes of the rich continues on a massive scale. It may be time for some nationwide citizens arrests.
This is court fraud. I call for the chief judge to resign effective May 1, 2011at 11:59pm. I also call for resignation of Ederr. Where is the media on this fraud?
but the judge is doing the rocket docket and suzanne is scheduling the next 500 for tomorrow………
(wondering if the next 500 were served by illegal process servers too)
prollt!
Keep those emails comings….lol. How embarrassing. I wonder if Ederr and Cary have read this post yet. How do they feel having us all see the fraud they committed.
why did he even have to “revoke”?the dam thing was EXPIRED,can you revoke an already expired appointment?
Outstanding work Michael.
And your minions too.
Hi,
It should be easy enough to locate the 300 summons she signed during that time frame and contact the ‘lucky winners’ who should now have to decide:
a. do they want their old home back, or
b. would they rather have some serious compensation,or
c. time on 60 minutes PLUS either a or b above.
I am glad I am ‘old’ because the stress of this onion getting peeled is wearing me down. I may make it another few years but I have already been in the fight for 10 years. I truly don’t feel that emotionally I could stand this level of fraud, corruption and craziness being thrown in our faces every day for the next 10 years.
I am trying to get a pdf of a MERS piece of crap which I will try to send over tomorrow. It looks like another duzzie to me.
We’ve come this far by faith . . . . .
LISTEN I appreciate and love you old and all! Cuz love just is! and you gotta love a hero!!! dong know bout onions but i know bout bufalito! gn…Dont be stressed! We need you! Viejo!
Mildred, doubt 60 minutes will touch this one. ‘We the people’ are handling these investigations. They are being tried in the Court of Public Opinion. We are the Judges now. We have our Honor. The pendulum has swung.
Listen you need to get air time
people are more attentive to danvcingwith the stars then
getting this info on tv