June 9, 2009

The Plaintiff was "fearful"...

In my previous post regarding the plaintiff's motion for Imposition of Costs and Sanctions/Injunctive Relief, the actual motion contains a number of points that support the plaintiff's "fear". As far as I can see in reading back over all the paperwork, these "fears" are nicely fabricated in an attempt to basically block us from using the cottage, removing any items (including those that belong to us) and paying for his attorney fees.

This is HOW NOT to handle a cottage issue. If any of you readers own a cottage or piece of property as tenants in common please, please do yourself a favor and read the book, Saving the Family Cottage by Stuart J. Hollander, Esq. I know. I should be getting kickbacks.

From the motion filed April 2, 2007 the plaintiff expresses his "fears", requests that the court prevent anyone from using the cottage and in addition, pay all his attorney costs. He does this by listing one lie after another. It is hard to read, even now. When it was happening we all just felt kicked in the gut. How can anyone make such false statements and SWEAR to them? (perjury?)

The second facilitation that failed??? This is how they "characterized" it in the motion.."5. Thereafter the parties met for a second facilitation on March 21, 2007 from 1:00 p.m. until 5:00 p.m., and all attempts to resolve the issues have been thwarted by unreasonable demands of the Defendant, Josephine".

Of course each time these motions are filed, our attorney has to file a response. You should see the boxes of paper. Our response to #5. "In answer to the allegations in paragrah 5, defendants admit that the parties met for a second facilitation before David Meyer on March 21, 2007 from 1:00 p.m. to 5:00 p.m. Defendants deny the remaining allegations in said paragraph. Defendants further state that plaintiff David was not present at the facilitation, but was represented through a power of attorney by his son, Richard, an attorney with the firm ***. At the outset of the facilitation, plaintiff's counsel informed defendants that plaintiff had changed his mind in regard to the issue of the three appraisals and would only consider the middle appraisal as the "mean price". Further, plaintiff's counsel informed defendants that he would insisit upon the reimburesement of his attorney fees from the sale of the property. These were two changes from the plaintiff's position in the previous facilitation. Despite these new demands, the defendants attempted, in good faith, to work toward a settlement of the case. In fact, a settlement was reached between the parties and Mr. Meyer drafted the agreement for siguature by the parties. While waiting to sign the agreement drafted by Mr. Meyer, defendants were informed that plaintiff's counsel and Richard had telephoned David who, in turn, summarily rejected the agreement that had been reached by his representatives at facilitation and by defendants. Therefore, defendants had wasted the complete afternoon in negotiating with the plaintiff's representatives, who apprently had no authorization from the plaintiff to act on his behalf."

In answer to the paragraph (10) of the plaintiff's motion, "...defendants state that plaintiff's "fears" are unfounded and not based upon fact. There has never been any waste or damage to the cottages as alleged by plaintiff, and such allegations are spurious and insulting. More specifically, there has been no painting or "graffiti" committed to the cottage in the past several months. Defendants are not aware of any such "graffiti". In regard to the painting of the door to the cottage, defendants state that the door was painted in August 2006 because the paint on the door was peeling and needed painting. Defendants painted the door a tasteful red...."

Again, the plaintiff's fears were expressed in paragraph 10.. "That e-mails and letters have been sent indicating very hostile and intentional negative feelings towards the Plaintiff." (join in... awhhhhhhhhhh)

23 comments:

Anonymous said...

It would seem that all of the lying that went on by the plaintiff should be reconcidered by the courts. David should be held accountable for lying about this whole case. It was a joke from the start. You don't just lie about everything and hope to get away with it like he has done. Even though this case is completed you should appeal any decision that was made even though you "lost" the cottage. He should pay large for this.

Anonymous said...

what the hell kind of an attorney is rick slymons? Don't you take an oath when you become an attorney? Seems he's just as big a douche bag as his old man

Anonymous said...

I wonder if Rick's law firm knows about his antics on this case. I don't think they would be pleased to know

Katy Elizabeth said...

One has to wonder what Rick was thinking after he spent all afternoon in court that day, only to be pushed aside by his dad.

And, "what the hell kind of attorney is Rick Slymons?" -- I agree. I used to think that they were all (somewhat) intelligent people. And what court can agree with such allegations when there is no proof? Graffiti? Threatening emails? That just doesn't make any sense. Why didn't David have to cough up any evidence?

...I've seen Judge Judy enough times to at least know that someone needs some kind of proof, otherwise its just their word against yours... lol and it seems as though thats how he won.

Joey said...

First, I think Rick is probably a good attorney. He was acting on behalf of his father in good faith. It was not Rick's fault that his father pulled the rug out. If I'd been Rick, I'd have been pissed off.

Secondly, it is one's word against the other. There is no need for evidence. It's just all a lot of jargon thrown back and forth. Generally, the judge just "took things under advisement". Occassionally he ruled.

Anonymous said...

Once you get into the court system it becomes a game of chess between the attorneys, judge and in the case the lawyer that was to over see the tearing apart the lee family (Mr. Meyer).....

In this case the real evil one was the Slymon's attorney......he played low ball or dirty ball......maybe you would call it cheating.......but he did what the prez wanted him to do.......all of the legal mess and public knowledge of Lakeside was totally caused by the actions of the now president of Lakeside

Anonymous said...
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Anonymous said...

The unmitigated gall of David Slymons!

How dare he file all those frivolous motions, not even show up for the hearings, and then expect the Lees to pay sanctions and his court costs!

And as for his "fear??" what a bunch of BS! He certainly wasn't "fearful" of his tenants in common when he regularly trespassed on the property and in the property during their mutually agreed upon periods of private and exclusive use of the cottage.

And as for his "fear" that his tenants in common would trash the place, if it was really the horse dump he made it out to be, why would he care?

Further-- given Slymon's low level of style and taste, it's highly unlikely the Lees or the other co-owners would want any of his crap anyway.

It's plain to see that Slymons is nothing but an evil, vindictive old man who sought only to prevent his relatives from enjoying their very own cottage during the summer!

Blogmaster- I'm censoring myself here cuz I don't wanna use any of the epithets that are in my mind right now!!

Anonymous said...

Seems like Slymons not only sought to prevent the Lee's from enjoying their cottage last summer- but he also intentionally made them incur huge legal bills. He was trying to weaken them financially so they would just give up the fight.

Sad. :(

Anonymous said...

Talk about conduct unbecoming a President of Lakeside Association Private!

Katy said...

And here I was 2500 miles away from this mess. David knew he could break my bank any day of the week and twice on sundays and after all I only had 8%. So geeze ,
my brother wants to sell and my uncle wants to sue and I just am trying desperatly to hang on to my small fractional amount.Watching my family fight it out from out west was devastating.I have never felt so helpless (except when Helen Anne fought her cancer battle)Fortunatly I chose my power of attorney well. I gave it to Charlie "Topper" Lee and it was an excellent choice. Now he could be in court with his mother EVERY TIME.I only had 8% but in a partition every owner gets a say,not equally, but you can be represented for ALL the filings,motions,court dates,etc....
Otherwise Topper would not have been able to be present at EVERYTHING. At least it was 2 against 2 instead of 2 against Josephine.We were a smaller % but somehow felt strong enough to weather this storm even if it was to no avail.I am so glad it's over and I can visit in peace.We fought a clean,courgous fight and I am proud of that.I did as I know my mother would have wanted and for those of you who don't remember H.A. she was my rock and as good as they get.Sadly she died of cancer 20 years ago this Aug 30th.
Is that possible 20 years???? She had a strong love of Lakeside and along with Lucy Thomson,Connie Harvey and Julia Brand they were the Lakeside Historical Committee
responsible for the lovely green hardback Lakeside book that we all love and treasure.See the acknowledgement in the front of the book for a great photo of the foursome.I did it for you, MOM, we lost the cottage but did so with dignity,honor and grace.I know we made you proud.....

Anonymous said...

What a beautiful, touching post, Katy.

There needs to be an addendum to the Lakeside book updating the dastardly deeds of David Slymons as regards the cottage in question.

What a blight on the beautiful history of Lakeside.

A scourge worse that David Slymons' reputation.

Anonymous said...

What scourge could possibly be worse than David Slymons's reputation at this point?

Katy said...

What a great tribute it would be to those 4 great women than if someone does some sort of update to the book. It could be done on many formats. The easiest would be an online slide show of some sort to update those of us that have missed seeing all the kids from the last 30 years growing up and having kids of their own in Lakeside and you could choose for yourselves who is worthy of including.I will always consider myself a Lakesider but now as a non owner would someone step up and collect photo and think about doing this?You would make the 2 survivng "authors" very proud that a new generation has taken over the rich history that is Lakeside
even if it's in a different format, more user friendly to the younger group and make Lakeside something to be proud of AGAIN. Don't let certain people ruin this for all of you. If nothing else is learned from our unpleasantness.. carry on with your heads held high and let no man take you down. Just a thought......

Joey said...

The rich old history of the camp will continue. As a group, it is stronger than all this mess. Let's remember that this blog is about "Do NOT try this at home". Learn from it.

Anonymous said...

How many puppies did David Slymons kick on this way out of court? Oh that's right, he didn't bother attending.

Anonymous said...

Did y'all know there's a book about Lakeside on Amazon.com?

http://www.amazon.com/Memoirs-Lakeside-Elizabeth-Burrows-Huntington/dp/B0008C07GM/ref=sr_1_1?ie=UTF8&qid=1244653641&sr=8-1

Anonymous said...

I think it would be lovely to have green hardback Lakeside book updated, and posted online for download.

Hope some of the young people take the reigns and achieve this worthy goal!

xoxo

ps: We're more magical and mystical than P.W. and C.G. combined!

Anonymous said...

Betty Burrows Huntington! Now that was a class act. One of the Grandest Dames of Lakeside.

Anonymous said...

This Slymons shit would have never gone in that era. Never in my day, dear.

Anonymous said...

"what the hell kind of an attorney is rick slymons? ...Seems he's just as big a douche bag as his old man."

I'm afraid the apples haven't fallen far from the tree.

Anonymous said...

"I'm afraid the apples haven't fallen far from the tree."

No they haven't, from the orchard, growing in the Massengill factory backyard.

Anonymous said...

OMG-- this is the funniest and most interesting blog I have ever seen!