I had hoped that this mess would have been kept between families where it should be but that is no longer the case. When one files a motion with the court it becomes a matter of public record. Hence I am free to inform all just what is currently taking place. I am going to try hard not to inject my personal feelings into this, but to give you the facts.
On December 8th of this year, David C. Symons through his attorney Philip R. Sturtz filed a motion for injunctive relief. There are eight (8) separate paragraphs to this motion, the first two are standard boiler plate, the remaining six (6) get to the meat of the matter.
1. That the Plaintiff has commenced a partition action before this Honorable Court.
2. That the court is well familiar with the facts and circumstances of the matter currently before this Court.
3. This matter has been hotly contested by the parties with no less than three (3) appeals being taken to the Court of Appeals. The Court in its last decision clearly and distinctly ordered the cottage sold to Mr. David C. Symons and directed Mr. David Meyer, the mediator to complete the terms forthwith.
4. That on or about November 24, 2008, apparently following the most recent motion in Court directing that the cottage has been sold, the defendants announce, "The cottage has been reserved for the Christmas holiday period. Dec. 23 through New Years", see exhibit #1 attached herto and incorporated herin. The Plaintiff, David C. Symons objects to the cottage, which he has purchased, being opened up for any parties for use during the Christmas holidays, or at any period of time.
5. That since this matter has been filed there have been numerous and repeated actions by parties which suggested the commission of waste or damage, including the painting of doors, and "the Internet saga Red Door Journal blog".
6. That it would appear from the e-mail, that while the cottage has been sold to Mr. Symons, that any and all parties will be using the cottage.
7. That the plaintiff is concerned about the commission of waste, turning on of water, re-heating, lack of oil and other neglect that may be committed to the cottage by parties.
8. That Mr. David C. Symons is the current purchaser, and as the purchaser has paid a large sum of money, and he is concerned about his investment and the condition that he may find the premises in if third parties are allowed to use the cottage.
WHEREFORE the Plaintiff prays that his Honorable Court would enter an Order stating that the cottage has been sold to Mr. Symons, that the mediator, Mr. David Meyer is preparing the finalization of all documents, including deeds and sale prices and that due to the nature of the sale and condition of the property the property will not be used by any parties since the cottage property has been sold.
Ok, so there you have the legal mumbo jumbo, the meat and potatoes of what has been filed. Now lets look at the facts.
David Symons submitted an offer to purchase, and gave a deposit to the mediator; nothing more, nothing less.
THERE HAS BEEN NO SALE.
THERE HAS BEEN NO LARGE SUM OF MONEY PAID TO ANYONE, THE DEFENDANTS OR THE COURT. THERE HAS BEEN NO RESOLUTION OF CONTENTS.
THERE HAS BEEN NO DEED TRANSFERED.
THERE HAS BEEN NO ACCOUNTING OF FEE'S OR COSTS.
SO ONE CAN CONCLUDE THAT THE COTTAGE HAS NOT BEEN SOLD. ONE WOULD THEN THINK THE OWNERS HAVE FULL RIGHTS TO THE USE OF THE COTTAGE AS THEY ALWAYS HAVE, UNTIL SUCH TIME AS A SALE IS CONSUMMATED. YOU WOULD THINK......
In other words, IT HAS NOT BEEN SOLD. A sale takes place when money is paid and deed is transferred. Not one of you loyal readers would sell your place and grant the purchaser full and exclusive use if there has been no money paid and no deed transferred.
Secondly, when the afore mentioned e-mail about the cottage being reserved for the Christmas holidays was sent out, per customary cottage protocol, it was followed up with a return email from David Symons, not only acknowledging that the cottage would be used, but included hints about how much oil was in the tank and should it get low, let Chris know to contact the oil provider. Now that doesn't sound like someone who is deathly afraid of the place being trashed. How did that turn about happen???
Now, mother and Joey are planning on going up for the Christmas holidays and will return after the new year.
Ok here is where I interject my opinion, for whats it worth.
So this latest attempt comes as no surprise and we will deal with it like we have in every other issue that has been thrown at us, and we will rise above, not stoop to his level.
Right now we are waiting on the Judge to decide on this latest motion, one that should be so simple even a 5th grader could get it right.