2007-02-18 - 7:32 a.m.
COURT OF APPEALS CASE # 03070704
WHEW My NOTICE OF APPEAL and CASE # indeed do show up on the VA COURT Of APPEALS CASE INFO
My attny advised me to seek counsel.
If I do so my ANSWER which was IMPROPERLY FILED along with a REQUEST TO BE CONSIDERED
IT MIGHT NOT BE REVIEWED AS IT IS AND THEN I WILL HAVE TO REFILE IT PROPERLY, this time following procedure and the Federal Rules of Evidence, so this time I believe filing a motion requesting a hearing.
AS I ASKED HER TO WITHDRAW ASAP and ASKED her to THEN AND THERE WRITE A HAND WRITTEN MOTION ON LEGAL PAPER I'D TAKE TO OPPOSING COUNSEL TO SIGN, but she refused, and as I filed a motion to go pro se indicating such, there is a chance the court WILL take my motion.
So there is a chance that MY ANSWER could be reviewed SANS all the improperly attached exhibits.
Some of the exhibits however WERE properly attached.
Most would only be admissible as evidence however AFTER authentication and presentation IN A HEARING in which opposing counsel reviews them as well.
I learned alot when reading my EVIDENCE BOOK This WEEKEND.
That was literally my lowest law school grade. I had a great teacher at Georgetown but was struggling with sleep each class after the drive in. I then got home and NEVER had time to read or study so I flailed through it with what I learned when half awake in class.
In Narcoleptic fashion I also had to at times pull over and sleep en route so didn't always make it to class on time.
ITS SO NICE TO BE MEDICATED!
I swear when looking at this text it is like I read it for the FIRST TIME.
I think I NEVER before could STAY AWAKE to read a law text! Its amazing to consider how well I actually did when skimming DURING CLASS *which I could do as the engaging lectures kept me alert and awake so then I multitasked!
Its actually been exciting and fun to listen to these lectures and study the past few days.
I am excited to be GETTING concepts that I just never retained before.
I DO SEE A HUGE DIFFERENCE in not only my ability to stay awake, but my ability to READ with focus. In reading literature that was always EASY for me.In part as I would pick up some obscure detail, such as the symbolism of the ECHO in Dickens TALE OF TWO CITIES and then Look for that detail and write an insightful paper on it, and in doing so I REFERRED to the book and worked AS I READ. Had the professor asked me to give a run down of the characters names a week later I likely could not have recalled ALL OF THEM clearly or would forget WHICH CITY an event happened in, but recall EVERY DARN REFERENCE TO AN ECHO and those parts of the book with clarity and precision as I WROTE about them.
NOT THAT HARD.
I CORRECTED all the IMPROPER FILINGS FOR OUR FAMILY FOUNDATION, and FIlE WITH STATE CORP COMMISSION FOR THE OTHER VENTURES.
So I think this perception that I am a flaky disorganized incapable person won't be hard to change.
I DO HAVE A PERSONAL LIMITATION THAT I HAVE STRUGGLED WITH TIME MANAGEMENT SKILLS.
I even ran WORKSHOPS on how to IMPROVE time management that my co-workers who scoffed because I stunk at that skill myself walked away from going "WOW!"
But who else can recognize the pitfalls and then identify techniques to correct them better than one who has OVERCOME a limitation? (Albeit not perfect, but to a degree). OK so I STILL Fuck up in that area . Moreso when not in a routine or doing something new for the first time when a routine has CHANGED. *And moreso when not medicated for ADHD (and perhaps narcolepsy although no diagnosis, and it doesn't matter as adderall is the SAME medication used successfully FOR THAT FOR YEARS!)
I think that VERY IMPORTANT.
My attorney did tell me that she could not argue the nuptial it was being raised as a DEFENSE to the PENDETE LITE requests SHE MADE for me. She claimed that as she wasn't offered time to rebut she couldn raise the argument. I don't buy that though as she DID argue against it on its face. She could have THEN argued against it based on the REAL facts of coersion and duress and being told SIGN OR I WILL DIVORCE YOU.
The interesting thing is that what she said made NO SENSE TO ME as I HAD BEEN LOOKING AT THE OTHER CASE, the one filed by WESTELY SEEKING SEPARATE MAINTENANCE AND SUPPORT as I THOUGHT THAT WAS THE ONE THE HEARING ON 2/8/07 was in relation to! That is the case for which I responded with my ANSWER. That is the case in which he is seeking ratification of the nuptial.
So whatever the outcome had been regarding that matter in the argument of the 8th on the matter of the divorce and MY REQUESTING relief, would likely have then been APPLIED to the other action in the court.
Only one other thing worries me. When I looked at the file for the DIVORCE action I noted WESTELYS FILED ANSWER AND COUTER CLAIM SEEKING DIVORCE FOR ABANDONMENT, and there also was a notation of documents in the file that said "NEW YORK ORDER"
There was however no NEW YORK ORDER in the file.
We Both have to comply with the motion to enjoin relocation of the children that HE SOUGHT. Yet there is this reference to a NY ORDER in the cover sheet for that file....
YEt NO ORDER.... the clerk said "Oh it must not have been filed yet."
I found that VERY STRANGE.
He called this weekend and ASKED ME for the oldest girls SOCIAL SECURITY #. He said they were opening a bank account. Timing was interesting as it was RIGHT after I had talked with our au pair and said we'd go open HER her bank account! (Which we did.)
It just seemed so odd, like either another hint of his that he is LISTENING to my every move in stalker fashion, (as the calls responding to ANY CONCERN I would raise in calls with family or friends that would occurred regularly in the past, but stopped since the hearing of Dec 10), or perhaps intended to make me worry WHY would he need the #, or perhaps they REALLY WERE going to the bank.
But that ledger noting NY ORDER makes me concerned. I wonder what that is about.
It MIGHT be that he has a copy of an OLD order that WAS entered in NY TEMPORARILY TAKING AWAY MY VISITATION OF KATERINA AND SOREN as I missed a hearing (and Westely then INTERCEPTED my MAIL AND GAVE ME THE LETTER regarding the revoking of visitation about a month after its arrival in a nasty fashion by HANDING it to me IN THE COURT HERE when we had the inital PPO HEARING!)
So perhaos that is it, in trying to discredit me.
But it is also possible that I ACTUALLY AM DIVORCED!
I did write to ONONDOGA COUNTY NY months ago to confirm there was nothing HE FILED THERE.
PERHAPS HE DID SO NOW. IF SO THEN HE COULD INDEED TRY TO KICK ME OUT WITH AN UNLAWFUL DETAINER ACTION AS HE WOULD THEN NOT HAVE THE OBLIGATION OF MARRIAGE, BUT FOR THE PPO and that it would not be a VALID entry of DIVORCE and I would have to FIGHT it UP THERE!
I was anticipating that months ago, but now I realize he would have had to wait six months or a year for the abandonment critera and his claim of that to be made. Hmmm
WHOO HOOO IF I AM DIVORCED IN SOME WAYS I WOULD BE SO VERY THRILLED!!!!
Except that it would REALLY be a LEGAL divorce and would be based on his lies and falsehoods so I couldnt give it full faith and credit. I would have to then fight it and couldn't benefit from the ETHICAL freedom that could offer me MORALLY... NOT YET.... Would have to wait to REALLY BE DIVORCED.
So couldn't plant a REAL kiss yet... just the friendly peck which isn't even enough for me to REALLY Consider a kiss. Still struggling with that attraction thing with my friend but don't think it will be an issue as I think he really has lost interest in me as he discovered all the formerly intriguing mysterys of my life to know the reality of it that it is a total wacky mess!
On to more legal research and procedural review...