Yesterdays confusion.....cleared up perhaps

The major question of the yesterday afternoons testimony centered around when this photo was taken and how could we be lying about it. You see, there was a date at the top of this posting that showed Jan 5th, and it was assumed that because mother and Joey had left on the 29th of December, someone had to be lying, and someone had to have taken that photo. Not sure of it's relevancy but hey, I am not an attorney. So for those who could not figure this out at first glance allow me:


NO SNOW ON THE FRONT PORCH
JOEY HAS NO SHOES ON
DOOR WAS REPAINTED SHORTLY AFTERWARDS ON ORDERS BY THE PLAINTIFF (perhaps asking him when, might have been my first question)
THE DATE AT THE TOP IS NOT WHEN THIS PHOTO WAS TAKEN, IT IS THE DATE IT WAS POSTED

I hope that clears up what any confusion on the plaintiffs part concerning this mystery photo!

David Symons' attorney plead's with the judge to jail mother...

Unbelievable, simply unbelievable. I can't make this stuff up folks, and yes I have used that line before.

I really thought this morning we would finally be done. Preliminary discussions earlier in the week led us to believe it would be wrapped up this morning. We had agreed to a number of issues, including a confidentiality agreement that would have prevented me from have this conversation with you all. He had agreed to pay mother $7,000.00 to cover her legal expenses pertaining to this show cause motion, it was to"go away", and nary a word would be said ever again. We had agreed to drop any further attempts for an appeal, Done, finished, all that was left was some accounting house cleaning and the bye bye's. Yea....Right

We should have known better, this behavior has been a benchmark of his. Un- trustworthy to say the least.

Nope, he pulled the same Houdini stunt today that he pulled after the first facilitation meeting and then the second meeting. The entire morning spent sitting and waiting while the attorny fee's keep piling up. We made one final attempt to settle this to no avail. Suddenly the man who said this was taking so long decided to make it last a whole lot longer. Honestly, we were 5 minutes away from having this all wraped up and done with.

So on with the show cause hearing. You know the one where he trys to have his sister thrown in jail, yea, that one.

When cross examined he admitted that he wasn't doing this for the money, or because he thought she would destroy the place if she went one last time to her cottage for the Christmas holidays. His reason was because things were taking too long. TAKING TOO LONG So adding additional time and costs is the solution, I am not buying it. He is a mean and nasty person and not one member of his family could or would, stand up and say you're doing the wrong thing. Not one! They are as spineless as he is.

His motion sought $3,500.00 in damages, plus costs, yet did not ask for jail time.

That was until 4:58PM today. He had his attorney stand before the judge and plead for him to sentence mother to jail. I am not kidding.

To date his lowest hour yet.

He walked away again, the delays keep coming.

Not done yet .........

Getting interesting.......

We didn't!

Off target but gosh I like this guy!

Tomorrow.......

Who blinks first.....

This couldn't be what He thought sitting down and working things out would be like........

Or could it be?

Last warning about comments......

Keep it classy, no name calling or disparaging remarks. We collectively are better than that.

What does David Symons hope to achive now?

I now hear that mother's original attorney has been served with a subpoena to appear in court on January 29th regarding this contempt of court charge he seems hell bent on pursuing.

I've said it before and it deserves repeating: What does he expect to achieve with this recent frivolous motion, (one of many) aside from the $3,500.00 he is asking for. Is he short on funds and needs it to consummate the sale? I am at a loss to determine how he could have been damaged so severely from using the cottage, when he never had any intentions of using it over the holidays.

Now keep in mind, he owns not a scintilla more of that cottage than mother does, yet, he seems to think it's his and no one Else's. Again, no money has been paid, no deed signed there has been no consummated sale. The owners of record are still Stuart deGues & Katy Jenkins, 33.3% collectively, David Symons, 33.3% and Josephine Lee, 33.3%

It would have been nice had the judge given his reason(s) for siding with the plaintiff, he choose not to, We are left to our own imaginations as to what his justification was.....

Can you still be twins if your sister is 10 years older?

Just chilling until the end of the month...

Before we complain too much about how cold it is....

What is it with Friday's?.......

In light of the events of today, both this morning and this afternoon, I feel it's important to let you faithful readers know what has happened.

This morning we met with our attorney to discuss the most recent motion that David Symons has filed. A motion to show cause why the defendant should not be held in contempt for violating court order. I was planning on posting the motion in it's entirety, however, in light of this afternoons events, I will not do so at this time. I will reserve that for a future posting.

This motion was filed on January 2, 2009, in it, David Symons seeks the court to impose sanctions, payments of costs and attorney fees in the sum of $3,500.00, plus costs and expenses and grant other relief as the court should deem appropriate.

Why?

For what valid reason does he feel it necessary to go so far off target?

Having just met with the facilitator to address the issue of the cottage contents, the only things left unresolved are the attorneys fees, and a few minor technical matters. Then the deeds can be drawn up and the money paid. Neither of which has been done yet. Then the cottage will be sold.

I can assure you all it was never our intention that this play out in the open and involve people who had nothing to do with it. We are sincerely sorry that this has happened. There are some really great people who through no action of their own have been thrust into the middle of this and for that we offer our sincere apologies.

Now is not the time or place to get into a he said she said spitting match. We will address all of that later. It is sad that we have been forced to make public some of our dirty laundry, we truly did not want to do that, but after the events of the last 60 days, we felt we had been left with no choice. It was important to get our voice heard. The other side of the story if you will.

More later.....

Light and funny.....

Comments...

Lets show all our friends that we can stay on the high road and not wallow in the swamp. Please keep your comments on target and polite, as mentioned before, there will be a time and a place to vent, this is neither.

On a lighter note while nothing is happening!

Are they that stipid?

Back to the begining

You all be the judge, did that look great or what?

In response......

Today in court it was mentioned again about our attempts to delay the sale of the cottage. I am guessing because we must be mean spirited or something like that.

Allow me to respond.

From day 1 our efforts have been directed towards one goal and one goal only. To insure that whom ever purchased the cottage paid a fair value for it. Never did we try to prevent one party or another from purchasing it. However at ever turn we have been thwarted by the judge, the facilitator, and the plaintiff's attorney. We can't even buy a break. Once all the facts are published and they will in due time, (waiting for the contracts for movie of the week and a book deal from Oprah!)

Today we took the gloves off, and no, this was not another attempt to delay. The recent actions of the plaintiff had given us no other choice. And with rumors of additional motions and pending legal action being filed it was important to send a signal that we won't go silently into the night, not with out a fight. So to the other side we say this, Bring it on. I know, strong words but once you know the facts you will agree, we had no other choice.

Ho Hum...

Not a lot to report today, mostly procedural with some house cleaning thrown in to keep someone busy I suspect. The court was unusually quite, could it have been the addition of William Street to mother and Katy's legal team? That would be my guess.

Having just received the breakdown of David's attorney's fee's this morning, a delay was inevitable so as to allow proper time to vet, as well as allowing Mr. Street time to review what has transpired to date. We shall see how things progress on January 29th.

Also, it seems there are rumours swirling about a motion David wants to pursue, I erroring on the side of caution, will refrain from expanding further at this time. Rest assured if and when he goes down that slippery slope, you all will be informed.

More to follow, hard to type with one finger on this apple itouch.

Judge and attorneys behind closed doors

And we are waiting!

All the usual suspects are in place! And we are late to begin as usual.

Here we go

Let the show begin!

I will be live blogging from court tomorrow. We shall see how it works! As always stay tuned.

Update, I will attempt to live blog, I believe I can get a wifi signal and if so we should be good to go. We shall see. If not I will update later in the day when I have the time.

The lull before the storm.....something funny for you all!

Most of the American populace thinks it improper to spank children, so I have tried other methods to control my kids when they have one of 'those moments.'

One that I found effective is for me to just take the child for a car ride and talk.

Some say it's the vibration from the car, others say it's the time away from any distractions such as TV, Video Games, Computer, iPod, etc.

Either way, my kids usually calm down and stop misbehaving after our car ride together. Eye to eye contact helps a lot too.

I've included a photo below of one of my sessions with my son, in case you would like to use the technique.

Sincerely,
Your Friend

Tho old saying: kill em with kindness, still stands.

Let's practice that here, there will be a time and place for these comments. In the mean time sit back and enjoy the ride!

Will he or won't he? Stay tuned.....