This blog was put together to aid those who are new to what I have been doing and to aid in their journey by not having to deal with countless unrelated post that I used to fill those long stretches of time when nothing was happening. When your done here head over to the "Red Door Journal" the link is below right on the main screen. This was the original blog and still serves that purpose today, since the battle is not yet finalized, as you will see.
My sister and I are willing to answer any and all questions that you may have concerning what all can happen and how to prevent it from happening to you.
Ignore the dates listed as I cut and pasted from the original blog and did them all on the same day, that is the date that shows.
Enjoy the journey...
Friday, July 24, 2009
Monday, July 6, 2009
Christmas at Lakeside 2008
While mother and Joey were busy preparing a detailed inventory per the facilitators request, Santa snuck in and dropped off a nice Christmas Tree. I reviewed the photos and did not see a hint of Santa sneaking in, he still has it!
David Symons's way of saying Merry Christmas to his sister.
Folks I am disgusted, I am pissed and I am going to let everyone know about this. I'm Sorry, but this crosses the line between being decent and mature and showing sheer vindictiveness.
It's the day after Christmas and this is his idea of how to say Merry Christmas. Pathetic, simply pathetic.
It truly is a sad day for Lakeside and the other associations on Higgins Lake, when the Lakeside Camp president shows this much hatred towards his sister.
More later...I need to calm down.
Unfucking believeable, David Symons tries to ruin Christmas!
Knowing that mother wanted to use HER cottage one last time before it is sold, David Symons steals the Holiday spirit from his sister.
But thats not all....
And not just satisfied with getting a Judge to sign a motion on December 23 he then takes family love to an all new low.....
Dirty laundry.......
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.
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.
Now don't you go and tell Josephine where we stole this tree from, you got that?
For those with short memories, the cottage has been used many many times during the Holidays, and here's the proof.
From our cottage to yours Merry Christmas!
Back to what "The Red Door Journal" was intended for.....
I reflected on the situation in Baghdad yesterday when a journalist threw his shoes at President Bush, knowing that had that occurred 6 years ago, that journalist would have undoubtedly met with an awful ending. As it were, the freedom that our President and our incredible troops brought to that country, gave that journalist an opportunity to express his views without concern for his safety. Freedom of speech is so important, regardless of whether we agree or disagree with the messenger, it's his or her right to say what they will. With that in mind, let me get back to the intended purpose of this blog. It seems some feel that stifling my voice was critical to their cause. And for a while I refrained from doing so. Not any longer, if that journalist can hurl a size 10 hushpuppy at the president, I can say what I need to say here without fear of intimidation.
So, I sat in court this morning for the umpteenth time listening to the same dribble and diatribe from the plaintiffs attorney that I felt the need to address the issues here because for what ever reasons they are falling on deaf ears there.
For reasons only known to a few, the plaintiff believes that since he has made an offer to purchase and put forth a deposit, that entitles him to full control and possession of the cottage. None of the other "owners" have any authority to use it.
Now color me stupid but as my earlier posting alluded to, it ain't yours till you pay, unlike Wimpy who made the saying "I will gladly pay you Tuesday for a hamburger today" stated. This is the real world. Think for a moment, if you were selling your home and I offered to purchase it, drew up a purchase agreement and submitted it along with a deposit, that entitles me to absolutely nothing. It ain't mine yet. It seems that the plaintiff thinks a purchase agreement is as good as sold and closed.
Thus the need to file another motion. Force my mother, my sister and my cousin from using what is still theirs. We have used the cottage at Christmas many times over the years. As have a lot of other Lakesiders, and still do. We all have been blessed to have caretaker's who will go in and turn on the heat, let the old girl warm up for a few days, before turning on the water. Then when we're done, they will go in and turn off the water, drain the lines and turn off the furnace. How simple is that? How great is that? Some view that as cruel and unusual punishment, bordering on torture. I am trying to figure out how running water through warm lines is painful and torturous.
The motion we had to go in and defend again today was silly, frivolous and totally without merit, yet again additional costs have been incurred, for what? I can only think that it is one last effort to flex muscle and imaginary authority. If that is what they want, then pay the money to the court, answer mothers request for a sit down meeting to address the issue of cottage possessions and then close this nightmare out and move on. Aside from having an issue with face to face meetings, I can't think of an easier way to end this.
"The Red Door Journal" it seems has been getting plenty of ink of late, a large increase in visits and page views as well, and I can assume from where it comes from. If so welcome aboard. Feel free to leave comments, you can do so now anonymously without fear of identification or reprisal. All comments are welcome, just like the journalist in Baghdad. The president did a good job of ducking and so can I.
For those of you who are going north to Lakeside, Cottage Grove or Pinewoods for the holidays be sure to stop in and wish mother and Joey a merry Christmas and happy new year, they will be there with bells on and fresh tree in the living room
So, I sat in court this morning for the umpteenth time listening to the same dribble and diatribe from the plaintiffs attorney that I felt the need to address the issues here because for what ever reasons they are falling on deaf ears there.
For reasons only known to a few, the plaintiff believes that since he has made an offer to purchase and put forth a deposit, that entitles him to full control and possession of the cottage. None of the other "owners" have any authority to use it.
Now color me stupid but as my earlier posting alluded to, it ain't yours till you pay, unlike Wimpy who made the saying "I will gladly pay you Tuesday for a hamburger today" stated. This is the real world. Think for a moment, if you were selling your home and I offered to purchase it, drew up a purchase agreement and submitted it along with a deposit, that entitles me to absolutely nothing. It ain't mine yet. It seems that the plaintiff thinks a purchase agreement is as good as sold and closed.
Thus the need to file another motion. Force my mother, my sister and my cousin from using what is still theirs. We have used the cottage at Christmas many times over the years. As have a lot of other Lakesiders, and still do. We all have been blessed to have caretaker's who will go in and turn on the heat, let the old girl warm up for a few days, before turning on the water. Then when we're done, they will go in and turn off the water, drain the lines and turn off the furnace. How simple is that? How great is that? Some view that as cruel and unusual punishment, bordering on torture. I am trying to figure out how running water through warm lines is painful and torturous.
The motion we had to go in and defend again today was silly, frivolous and totally without merit, yet again additional costs have been incurred, for what? I can only think that it is one last effort to flex muscle and imaginary authority. If that is what they want, then pay the money to the court, answer mothers request for a sit down meeting to address the issue of cottage possessions and then close this nightmare out and move on. Aside from having an issue with face to face meetings, I can't think of an easier way to end this.
"The Red Door Journal" it seems has been getting plenty of ink of late, a large increase in visits and page views as well, and I can assume from where it comes from. If so welcome aboard. Feel free to leave comments, you can do so now anonymously without fear of identification or reprisal. All comments are welcome, just like the journalist in Baghdad. The president did a good job of ducking and so can I.
For those of you who are going north to Lakeside, Cottage Grove or Pinewoods for the holidays be sure to stop in and wish mother and Joey a merry Christmas and happy new year, they will be there with bells on and fresh tree in the living room
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