May 9, 2008
To whom it may concern,
Willan Franklyn Joseph, a man claiming to be a Civil Rights Attorney received and cashed an insurance claim check from Nautilus Insurance Co., on behalf of the 558 N. 16th St. Condominium Association. This insurance claim check was for a fire damage claim that occurred on November 23, 2004, at the hands of contractors who were reported to be smoking while working with a propane torch. Mr. Joseph, the self-appointed president and owner of unit #2 and unit #3, negotiated on behalf of Unit #1’s owner, Mrs. Essie Swain, a senior-citizen, retired teacher who volunteers teaching children and adults to read. Mr. Joseph illegally and immorally negotiated and accepted a claim adjustment on Mrs. Swain’s behalf, without her written or oral consent to do so. As a result, the claims check that was received and cashed in February 2005, by Willan Franklyn Joseph through his I.O.L.T.A. account for attorneys in the amount of approximately $173,000. Mrs. Swain hired an independent adjuster who assessed the total damages at $118,000. Mr. Josephs informed the independent adjuster, hired by Mrs. Swain, that an adjuster hired by Mr. Joseph would be adjusting the claim on behalf of the 558 N. 16th St. Condo Association. As a result the adjuster hired by Mr. Joseph assessed the damages for Mrs. Swain Unit at roughly $13,000 which was accepted by Willan Franklyn Joseph; Mrs. Swain was never given an opportunity to accept or reject the claim adjuster’s damage assessment. As of today, May 9, 2008, Mrs. Swain has not received any funds from Mr. Joseph. Mrs. Swain was forced to retain the services of Edith A. Pearce, Esquire, and has accumulated legal fees in the $20,000 range. Out of pocket expenses include loss of use, loss of rent, personal- property damage, real property damage, building supplies, repairs to common areas as well to Mr. Joseph‘s condo. The repairs were paid by Mrs. Swain in order to keep her condo unit from sustaining any further damages. The repairs also include a new roof that was paid for out of pocket by Mrs. Swain, totaling approximately $23,000. Mr. Joseph has not provided an account or escrow account of the funds that he received 39 months ago. The damages involving this case have escalated to more than $400k, due to the lack of repairs in a timely manner by Mr. Joseph, as well as, an inadequate damage assessment by Young Adjustment Company, hired by Mr. Joseph. The District Attorney’s Office of Philadelphia, The Pennsylvania Insurance Commission and the Disciplinary Board of Attorneys have all been contacted to report the unethical and illegal actions of Willan Franklyn Joseph. The District Attorney’s Office had the file for 4 months and nothing was done. Mrs. Essie Swain has been fighting this situation for more than 3 years and received nothing but financial hardship, stress, frustration, legal fees, out of pocket fees and expenses. The absolute baffling part is that this “attorney”, despite the file given to the D.A. office containing a lot of incriminating evidence, in regards to this incident , as well as, several other incidents, Willan Franklyn Joseph has not been charged, tried, reported for theft, Insurance Fraud or anything. Why or How is that possible? Are attorneys above the law? Is this kind of behavior acceptable from an individual claiming to represent and practice law? Willan Franklyn Joseph is an absolute embarrassment to the legal profession as well as, the human race. Aadditional information is available upon request. Please let us know, if you are able to assist in resolving this problem. Thanking you in advance for your immediate attention to this situation.
Mrs. Essie Swain – EssieGranam@aol.com
Mr. Art Swain Jr, -Artbowl826@aol.com