Background:
All lawsuits were sent to each of the 60 defendants by US Postal Mail
Return Receipt with a copy of the lawsuit and a form called a Waiver of
Service in October. . The point of the Waiver of service is for the
defendant to sign and return it merely acknowledging that they recieved
the lawsuit and that I don't have to hire Deputies and Sheriff's (at $25
each time) to try to hand deliver them. I was kind of surprised that 56
out of 60 either returned the Waivers or had their lawyer write letters
waiving service. I received back the Green Return Receipt cards on ALL
of the lawsuits. (Actually the Postal Service, as far as I can tell is
doing a GREAT JOB). The four that didn't respond were:
1) Jack Taylor - the hospital's insurance agent
2) Solmaria Marquez, Walter Marcinkus, and Michael Goetz - 3 members of
the Massachusetts Department of Insurance who were all involved in
"mishandling" my complaints. Michael Goetz is the DOI attorney that
doesn't think it's a lie for his department to claim I had Independent
Medical Examinations I never had in order to support UNUM's denial of my
claims.
So the Court Rules say that a Summons (which is just a piece of paper
with a court seal and signature) be delivered personally into the hands
of the defendant with a second copy of the lawsuit. So I got summonses
made up for these defendants.
So on Dec. 9th, a "disinterested" friend and I deliverd the Summons and
Complaint to Jack Taylor's office. His excuse was that he had given the
original suit and waiver to the management of his agency. I said,
"obviously they decided to ignore it."
The second group I thought might be a little more difficult because we
would have to get past the secretary (you are not allowed to just leave
these lawsuits with the secretaries where they work) They must be
delivered into the HANDS of the defendant.. I figured if someone shows
up and tells the secretary they have lawsuits for these defendants the
response will be "They are out of the office" or "on vacation."
So I wrapped the summons and complaints in gift wrap. My process server
told the secretary she had deliveries for these people and the secretary
let her into each one's office and she was able to deliver the packages
into their hands. Of course Michael Goetz asked her if it contained a
bomb.
Anyway MISSION ACCOMPLISHED.
THE VERY NEXT DAY, I GOT THIS LETTER from the Attorney General's
office. This lawyer had already accepted the lawsuit and waiver for two
other lawsuits that arrived at the same office in the same way - the one
for the Division itself and the one for Linda Ruthardt, the head honcho
of the division. Read closely as this "public servant" calls ME a
liar. Then read the letter I wrote back to him, with copies of all the
green cards.
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The URL for this document is:
http://graham.main.nc.us/~bhammel/INS/DOCS/act120998.html
Created: December 18, 1998
Last Updated: May 28, 2000