June 19, 2009

Rules of Engagement or...

Dated March 21, 2007

Or... Stipulation for Entry of Order Establishing Procedure for Appraisal and Sale of Property

1. On or before March 25, 2007, the Plaintiff and Defendeants shall select two licensed real estate appraisers to appraise the subject property. One appraiser shall be appointed by Plaintiff, and the other appraiser shall be appointed by Defendants..

2. Each of the parties, through their coucnsel, shall notify the facilitator, David B. Meyer of the appraisers' identity on or before March 25, 2007.

3. The Facilitator shall recommend the appointment of a third appraiser on or before April 1, 2007.

4. Prior to March 25, 2007, each of the parties shall submit to the facilitator, in writing, any information which they believe should be provided to the appraisers appointed by the facilitator pertaining to the condition of the property. This will not, however, limit the information which is considered by the appraisers in determining fair market value of the property.

5. The appraisers shall complete their appraisals on or before May 15, 2007. Copies of the appraisals shall be provided to the facilitator and to all of the parties.

6. The following procedures shall apply following receipt of the appraisals:

a. Of the three appraisals, the appraisals with the lowest and hightest fair market value for the subject property shall be disregarded. The fair market value of the third (middle) appraisal, shall be the "Minimum Bid" for the property.

b. and c. This document goes on to outline the process for notifying the camp, notifying assoc. members, etc. of said sale and dates that bids must be received by. It also asked for each party to prepare of list of items (personal property) which each desire upon sale of property.

Did any of this happen? No. The "facts" that the other party prepared regarding the condition of the property is truly amazing. Because of the landlocked position of the property and the fact that a buyer would have to "buy in" to the association didn't look too appealing to any buyer. The list went on and on... The point here folks... Facts don't apply. We were in the hands of the "facilitator" and the process was to be followed. (at least by the plaintiff and defendants). At this point in time, we couldn't do anything except what was asked. Why did this mess drag out so long?? We did APPEAL. I will discuss that soon. It bought us time but... again..without a final order??? The gods of the "Appeal Gate" tossed it back.

26 comments:

Joey said...

Correction..."did any of this happen?".. "no" isn't correct. Both the plaintiff and defendants obtained the appraisals. The facilitator did not. Nor did he make the trip to look at the property he said he was going to do. I strongly suspect that if he had made that trip, things would have turned out differently.

Anonymous said...

sounds as if slymons paid off everyone so everything would be in their corner.
I hope you appeal this as slymons is going to be shocked when he finds out he still owes you money. Good going for doing your homework

Joey said...

David didn't pay off anyone. He's much to cheap to do that. the fact of the matter is.. the court determined what was owed and that is that. the title has transfered to the Radke Trust and he retained his 1/3 ownership. What everyone needs to understand is this...when it lands in the hands of the court..it doesn't matter what you know or what the real facts are. You are simply at the mercy of the court.

Anonymous said...

I really didn't mean as though he actually paid them off, it was a matter of speaking. I know that he doesn't have the money or the balls to even do that. Why would the court even do that for them? it seems everything they wanted they got. Just another hurry up and get to the next case. I know the courts are overloaded with cases. It just seems odd that this happened.

Anonymous said...

Wow even someone that slymons thought was his friend is turning against him. Maybe it's carol coming to her senses and helping you get what's due to you.

Anonymous said...

"This document goes on to outline the process for notifying the camp, notifying assoc. members, etc. of said sale and dates that bids must be received by."

Would be interesting to see this document. Weren't they also supposed to notify the other associations?

Anonymous said...

Seems the only thing your facilitator did was facilitate an exclusive, non-competitive way for David Slymons to usurp the family cottage.

Anonymous said...

Meyer was clearly in Slymeball's corner.

Joey said...

Yup, that's about the gist of things. Just about everything that happened just seem to go their way. It was the path of least resistence. The court, the judge and the facilitator sure weren't interested in having to do one thing more than necessary. Including making a ruling. It was always just "taken under advisement". I believe my brother posted the actual document many months ago. If not, I'll have to learn how to use the new scanner/printer we just bought!!

Anonymous said...

"And the fact that a buyer would have to "buy in" to the association didn't look too appealing to any buyer."

And what did he claim was involved in doing that? Could the claim have been cross-checked with other people who have "bought in" to the association?

Notice how no mention was ever made of the cash due to the Lees/DeGeus'/Jenkins' for "selling out" of the association!

Anonymous said...

Association president Oslyma had the advantage...he and his crew of slime balls (lawyers) knew once they got things into the court, that the courts would make a mess out of things.....What person in their right mind would serve legal papers on their only living sibling and gain a family heirloom that should be passed on for generations? Something is just morally all wrong with this picture.

Anonymous said...

slymons didn't care about morals. The only thing he cared about was ownership no matter how he obtained it and as for sturtz, he only wanted money. He also didn't care who he stepped on while getting it. They both got what they wanted

Anonymous said...

"He also didn't care who he stepped on while getting it. They both got what they wanted"

Well hopefully Sturtz's money came from Slymons and not the defendants.

Anonymous said...

Slymons is an old man. He's gonna meet his maker, and will be held accountable for ALL of this.

Anonymous said...

In the words of Jesus Christ, "Whatsoever you do, to the least of my brother, that, you do onto me."

Anonymous said...

Yep, well imagine what happens when you screw your very own sister out of her rightful inheritance. A place she has loved and cherished all the 70 odd years of her life. Raised her children there, developed the lifelong bonds of friendship... imagine if you will...

Anonymous said...

Justice may not be served up for David Slymons in this lifetime, but it will definitely happen at some point.

Anonymous said...

Maybe there'll be a smidgen of justice at the Annual Meeting.

Anonymous said...

I hope the annual meeting drops this joker. If anything he should be canned for his christmas present to his sister. I never thought the president of Lakeside would draw attention to himself or to anyone else in here.

Anonymous said...

Speaking of "smidgen's of justice" does anyone know what amount Carol, Bonnie & Jim paid to "Buy in" to Lakeside?" What about the "Transfer fee"?

Or were these little trifles conveniently ignored being that Sr. Slymons is the President of our darling little camp by the lake?

An accounting needs to be demanded and make public at the annual meeting!

Anonymous said...

Wouldn't be surprised if he's skimming association dues and using them for his personal benefit.

I mean, look at what a dodgy job he did of managing the finances of just his own little cottage? Imagine what he could be doing to Lakeside??

Demand accounting!! Of every penny!!!!

Anonymous said...

fortunately we have a finance director, so anything he does or asks for has to be submitted

Anonymous said...

"fortunately we have a finance director, so anything he does or asks for has to be submitted"

Oh goody. Hopefully the finance director will enlighten us at the annual meeting about the windfall of additional revenue from the transfer fees received, and the additional sums required by our new members to "by into" our lovely private association.

Anonymous said...

"by into"

This was supposed to read "BUY INTO"

As in the fair cash value for their newfound piece of the association they finagled for themselves, aided and abetted by everyone's favorite camp president, the honorable David C. Slymons.

Anonymous said...

Slymons probably has no spiritual values nor belief in an afterlife.

Anonymous said...

Slymons probably has no spiritual values nor belief in an afterlife.

Hah he believes what he believes and if the big guy downstairs doesn't like it then He'll probably sue him too. Make his brothers and sisters bow to him.