There is no real party in interest since the 3 different entities named in the complaintCounter-defendants filed (Victory Villa LLP, Victory Villa LLC, Victory Villa LLLP)were non-existent at time of filing suit or forfeited MD entities with no legal authority to do business or file any suit in Maryland courts.
Victory Villa LLLP, (a MD entity forfeited in 2003) was the alleged entity that filed thefraudulent suit and was named in the Application and Affidavit in Support of Judgmentagainst Counter-plaintiffs by and through its agent Marc R. Donaty, Esq. #6816. (Exhibit 1)
Victory Villa LLC (non-existent entity at time of filing of complaint) was named on theReturn of Service, dated August 28, 2009 signed by Process Server Ed Cihlar and attachedto the Request for Show Cause Order for Contempt naming Victory Villa LLP as Plaintiff (non-existent entity). (Exhibit 2)
Counter-plaintiff noticed the person who was presumably Ed Cihlar (he would notidentify himself) at the time that he has the wrong parties and that the entity he serving process for does not exist in Maryland, the suit is not valid and that he is participating in afraud.
The person, presumably Ed Cihlar, chose to ignore this notice, despite prima facieevidence that the entity named on the Return of Service, Victory Villa LLC (non-existentMD entity) was not the same as Plaintiff named on the Request for Show Cause Order For Contempt, Victory Villa LLP (forfeited MD entity).14.There is no record of a substitution of parties nor is there any notice in the record per thefollowing rules.
Per MD Rule 3-241(a)(4)
The proper person may be substituted for a partywho: If a corporation, dissolves, forfeits its charter, merges, or consolidates.
MD Rule 3-241(b)
“Any party to the action, any other person affected by theaction, the successors or representatives of the party, or the court may file a notice in theaction…”
Counter-plaintiff is of the belief that before a claimant would be permitted to bring suit,the clerk of court and/or the judge in said case would confirm that plaintiff had asufficiency of pleadings; (that the court had subject matter jurisdiction) and that alleged plaintiff is the real party in interest.
Neither Marc R. Donaty Esq, Bruce R. Levine, Victory Villa LLP, Victory Villa LLLP or Victory Villa LLC have ever possessed, do not now possess, nor ever will possess anyvalidated, substantiated, and authenticated proof of claim.
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