The motion to show cause....

Here's how it works. The plaintiff gets his attorney to file charges against the defendant. Usually, it's long with various accusations etc.. Then, the defendant's attorney responds to each allegation. It's a tedious process but, it's the way things work. You can check the circuit court site to count how many times this has been done during the past couple of years. The MOTION TO SHOW CAUSE WHY THE DEFENDANT, JOSEPHINE S. LEE SHOULD NOT BE HELD IN CONTEMPT FOR VIOLATING COURT ORDER is a bit different from previous motions filed by the defendant. This time, he was aware that if his sister was found guilty, a jail sentence and possibly the fine and fees he was asking for were at stake. Nice guy.

Here is what they had to say:

1. "The the Plaintiff did file a Motion for an injunction on December 8, 2008 and the relief sought in said motion was to not allow anyone to use the cottage during the Christmas holidays." etc. etc.

2. "That the parties, through their respective counsel did appear in Court and arguments were presented to the Court...etc...(on December 15th) The Court took such matter under advisement...."

3. "Thereafter, the Court, on the morning of December 23, 2008, did issue an Opinion and Order granting the relief prayed for in the Plaintiff's motion and ruled,"...(who prayed for the ruling????)

4. "That upon information and belief the attorney of record, Philip R. Sturtz, did have telphone communication with Gary R. Campbell, at his residence on December 24, 2008, and it was reported that Attorney Campbell e-mailed a copy of the Opinion and Order of the Court to the Defendant, Josephine S. Lee, and following the e-mail did have conversation with the son of the Defendant, Charlie Lee, concerning the Opinion. It was then related to the son that the Order of the Court should be followed."

5. "That thereafter, based upon information and belief, Chris the Caretake of the cottage located at Higgins Lake, relates that Josephine S. Lee has received notice of the Opinion and Order of the Court; that she intends to ignore the Order and the only way she will leave is if Mr. Symons has her escorted out in handcuffs." (really??.. she said that??? NOT! Perhaps one of those lost in translation things?)

6. That on or about December 26, 2008, a certified copy of the Opinion and Order of the Court is delivered to the Roscommon County Sheriff's Department and therafter, on or about December 26, 2008 at 12:55 p.m. Deputy Sheriff D.T. Collins, serves a copy of the Certified Opinion and Order of the Court upon the Defendant, Josephine S. Lee," see exhibit #1. (he was a great guy!)

7. To further demonstrate the acknowledgement and willful contempt of the Court's Order, the Defendant, Josephine S. Lee, has her picture taken inside the cottage with the Deputy Sheriff and publishes said photograph and information concerning the lawsuit on the internet, which is published in "The Red Door Journal", see exhibit #2 (mother publishes on the RDJ??? Don't think so.)

8. Based upon information and belief the parties remained at the cottage in violation of the Court Order that was served upon....until December 29, 2008."

9. That the Defendant, Josephine S. Lee is an articulate, well read individual. The Defendant, Josephine S. Lee is well capable of understanding the English language and very capable of reading the English language.

10. That the Defendant, Josephine S. Lee, is 80 years of age and was well respected by her family, but for whatever reason she has chosen to intentionally and meangfully to defy and not follow the orders of the Court. (81, but then could you expect her brother to know that?)

11. That the Plaintiff has incurred costs and attorney fees for having to bring this motion, including the traveling to Roscommon County on two separate occasions; the ordering and payment of certified copies and the payment of processing serving fees." (why two occassions?)

"Wherefore, the Plaintiff prays that this Honorable Court would conduct a hearing in this case; impose sanctions, payments of costs and attorney fees in the sum of $3500.00 plus costs and expenses and grant such other relief as the Court should deem appropriate under the facts and circumstances of this case."

The next obvious step is to prepare an answer. We met with Bill to go over these allegations and put together mother's defense. What a bunch of bunk. To say this was frivolous is an understatement. $7,000 to Bill to take on Sturtz... just what we wanted to do. Did you catch the word "was" in the sentence above in regards to her "respectablility"? Yeah... NICE. Real NICE. Was it seeing her in orange he wanted or...the money???? Hmmmmmm.