| Hearing May 9, 2006 – Your honor, you asked at the beginning of the last hearing why I did not file my answer in time, because, you mentioned, the rest could possibly be moot. So I am here your honor to show you the correct and true facts. The facts are according to the documents I have in front of me, that I was not properly served. I have five points that I want to make: 1. There are two different dates of service shown on record: March 19, 2005 is the first, for service of the Complaint March 29, 2005 is the second, for service of the Amended Complaint Copy of Record from web – copies with dates high lighted 2. I filed Chapter 13 on March 21, 2005, with the result that I had the protection of the Automatic Stay when the Amended Complaint was served on me on March 29, 2005. Copy of Bankruptcy documents to show Chapter 13 filed March 21, 2005 3. Stay was lifted on July 1, 2005. Copy of Bankruptcy Record/Docket page 5 Note: It shows that I knew and Leverick knew I knew about the foreclosure action – 4. Plaintiff requested and was issued summonses for all defendants but me on July 25, 2005. I wrote this in error, two defendants had responded to the void Amended Complaint and they, Manhattan Condo Unit Owners’ Association and Crocker, were not served again. Copy of Record from the web showing summonses issued July 25, 2005 Copy of Record from the web showing returns filed August 1, 2005 5. Certificate as to the State of the Record fails to account for bankruptcy/automatic stay Copy of Certificate to be obtained from clerks – Exhibit 1 |