2007-03-06 - 5:14 a.m.
I went out last evening around 5pm to run a few errands.
Upon returning home my au pair told me a man came and left something on the door for me.
It was the expected NOTICE OF ACTION FOR UNLAWFUL DETAINER.
Westely filed the action in Circuit Court on Friday.
I KNEW that was coming, which is why on Friday afternoon I filed my REQUEST FOR THE TRIAL RECORD to be sent to RICHMOND for the APPEAL of the Circuit Court Decision of JAN 10.
What annoyed me was that when I went in to request that trial record sent the clerk said "WE automatically send it when you file NOTICE OF APPEAL"
*NOT according to the code.
*According to the VA CODE I HAVE THE AFFIRMATIVE DUTY TO REQUEST A COPY OF THE TRIAL RECORD BE SENT
* AND THEN MAIL COPY OF THE REQUEST VIA CERTIFIED MAIL TO OPPOSING COUNSEL which I did
*WITHIN THE PROCEDURAL DEADLINE OF 60 Days of the JUDGEMENT in Question
By MARCH 10-
I wanted to finally do something OTHER than at the last possible moment.
What I find most disconcerting however is that MY ATTORNEY apparently "accidentally" MISFILED HER MOTION TO BE REMOVED AS COUNSEL
and "Accidentally" FILED THAT MOTION ON THE PPO HEARING MATTER IN CIRCUIT COURT for which she had NEVER represented me, and that therefore means she did not PROPERLY REMOVE HERSELF from the DIVORCE MATTER or the MATTER OF MY HUBBY SEEKING SEPARATE MAINTENANCE
but rather that he meant he was not making any JUDGEMENT OTHER THAN HE IS NOT AT THIS TIME GRANTING THE REQUEST FOR EXCLUSIVE USE OF HOME at this time,
it seemed RATHER STRANGE TO ME that the attorney who had been representing me on the PPO ACTION in the circuit court WAS THERE AS WELL (I hadn't expected or asked him to be present) And it seemed BIZARRE TO ME that he was asked to sign off on the REMOVAL OF COUNSEL MATTER when he had not been my counsel for anything OTHER THAN THE PPO MATTER
SO IT WAS VERY CLEAR TO ME THAT THERE WAS A PROCEDURAL GAME GOING ON.
I WAS SUPPOSED TO BE THERE ON THE MATTER OF THE MOTION OF MY ATTORNEY REMOVING HERSELF AS COUNSEL
And instead since she had FILED THAT MOTION ON THE WRONG MATTER OSTENSIBLY BY "ACCIDENT" such that then she had to REMOVE HERSELF, and they ACTED like then it was also proper for my ACTUAL ATTORNEY TO REMOVE HIMSELF
that it seemed to me like more procedural chess games so that THE LAST THING ON THE RECORD in the LOUDOUN CIRCUIT PPO MATTER is that it demonstrated that I FILED THIS APPEAL TO THE COURT OF APPEALS IMPROPERLY AS MY COUNSEL HADN'T YET REMOVED HIMSELF.
I swear that was the intent of it all. But as I could NEVER prove it, It is just projection on my part.
The fact the JUDGEMENT made in CIRCUIT COURT ALSO HAD AN ERROR IN THE STYLUS OF THE CASE, with the NAMES REVERSED also was a bit of concern. Someone at some point noticed that and it was THEN CORRECTED AFTER THE FACT
I then commented "OH YEAH, I NOTICED THAT, " and turned to the attorney that had represented me and indicated "THAT'S WHY I ACTUALLY FILED TWO NOTICES OF APPEAL, ONE EACH WAY AS I AM NOT HAVING MY APPEAL NOT BE HONORED TO THAT PROCEDURAL ERROR"
HE laughed and said "Somehow I am not surprised by that"
AFTER BOTH ATTORNEYS then filed their MOTIONS OF WITHDRAWAL and I THEN ALSO HAD TO SIGN I first expressed my concern to the JUDGE that I WAS CONCERENED EVEN HAVING A MOTION TO WITHDRAW WOULD NOT BE IN MY INTEREST AS THE ONE ATTORNEY NEVER REPRESENTED ME, and the OTHER ASSURED ME THAT AFTER JUDGEMENT AN APPEAL TO THE VA COURT OF APPEALS IS A NEW CASE SO HE DIDN'T HAVE TO WITHDRAW PRIOR TO ME FILING THE APPEAL. THE JUDGE ASSURED ME HE DID NOT BELIEVE THIS WOULD AFFECT THE PROPER FILING OF MY APPEAL
So before I would sign I included IN MY WRITING THE FACT Of me having asked MY ATTORNEY to withdraw which he hadn't done PRIOR to my filing the APPEAL with the VA COURT OF APPEALS, and I also wrote something about requesting that any attorney's errors in the stylus of the case not be held as rendering the notice of appeal invalid as the intent is to Appeal the decision of JAN 10.
The whole thing just smacks of Procedural Games to me.
I feel like we keep having hearings that are suppossed to be regarding ONE CASE and then a procedural game is played and the hearing is applied to a DIFFERENT CASE.
I feel like the intent is to make me CONFUSED.
The thing is, I HAVEN"T BEEN CONFUSED. Except at a few targeted moments like at Friday's hearing on MARCH 2 when opposing counsel asked me upon going PRO SE "DO YOU PREFER TO HAVE NOTICE WITH A PROCESS SERVER OR MAILED?"
Stupid question first of all, as to perfect notice, when using a process server one ALSO HAS to mail notice. So the EITHER OR IS KIND OF DUMB CONSIDERING HE HAS CHOSEN TO USE PROCESS SERVERS THE WHOLE TIME SO THAT REALLY SEEMS LIKE A SILLY THING TO BRING UP AS SOME ISSUE
What I didn't like was when I ANSWERED MY PREFERENCE which was "PRocess server"
that the counsel then turned to the JUDGE AND ACTED LIKE I SAID MAILED and then asked the judge to put on the record that I wanted notice MAILED.
SO I interjected that wasn't what I has just answered to his question of a preference.
What I think is ridiculous about this whole interaction is that THEN I WAS MADE TO LOOK LIKE THE DIFFICULT ONE. I was given a TOTALLY HARD TIME about having expressed that preference in relation to the question.
I gave the answer and everyone, including the judge, then gave me THE RIGHT ANSWER which is essentially WE REALLY DIDN'T WANT YOU TO HONESTY GIVE A PREFERENCE, IT WAS A RHETORICAL QUESTION TO WHICH THE CORRECT ANSWER IS TO POLITELY LET OPPOSING COUNSEL WHO IS ALREADY BAR CERTIFIED IN THIS JURISDICTION ANSWER FOR YOU EVEN WHEN HE IGNORED WHAT YOU SAY. SHOW DEFERENCE TO THIS COURT AND THIS JURISDICTIONS REAL LAWYERS WHO ARE ALREADY CERTIFIED AND PRACTICING AND RESPECT THE WAY WE ALWAYS DO THINGS.
OH... I Get it. Its considered a matter of COURTOUSY and to actaully ASK for a process server EVEN WHEN ONE HAS BEEN USED AND I KNOW THE OPPOSING COUNSEL WILL CONTINUE TO USE ONE
THEY WANTED A CORRECTED ADDRESS
I AM SURE NOT THE ACTUAL PHYSICAL ADDRESS USED FOR A PROCESS SERVER AS A PAPER TRAIL IS BEING CREATED AND IT IS REALLY IN THE INTEREST NOT TO HAVE THAT ADDRESS ON OFFICIAL DOCUMENTS IF IT CAN BE AVOIDED
Ok so maybe I was a bit paranoid there. Maybe there really WASN'T another agenda. Maybe they REALLY JUST DO GET THAT SENSITIVE when even something so small as where attorneys get their NOTICE sent and how is just TOO MUCH ROCKING THE BOAT IF ONE'S PREFERENCE IS DIFFERENT THAN THE NORM
But I did think it was a bizarre spinning of wheels that made ME LOOK like the difficult one merely because I ASSUMED that when asked a question I should answer HONESTELY and I ASSUMED the question was asked me as they WANTED TO REALLY KNOW IF I HAD A PREFERENCE
They were grilling me. Like "DO YOU REALLY WANT THE SHERIFF TO COME WITH EVERY NOTICE?"
Somthing about neighbors.
They don't quite get it.
I could have a whole army show up here and I don't think anyone could SEE or NOTICE I mean we do have neighbors but they are pretty far away and not likely to notice.
HECK IT IS TONS EASIER to have stuff delivered to your door than have to take a drive out to pick it up at a post office. WE don't even have MAIL DELIVERY To the physical address as the post office DOESN't WANT TO COME HERE IT is OFF THE BEATEN PATH
and falls smack in between the mail service area of two towns.
I am in a little hick pocket just outside of two different towns limits in Loudoun County.
I seriously FELT like the ACTUAL reason for the hearing on FRI was to achieve something that Westely and his COUNSEL BELIEVE WOULD ENABLE THEM TO FILE THAT NOTICE OF UNLAWFUL DETAINER.
I believe that they would have done so PRIOR to the hearing if they felt confident they could do so.
I think they THINK SOMETHING WAS ACHIEVED
I JUST HOPE THAT IT IS THAT THEY THINK that by having filed the MOtion to REMOVE COUNSEL on the WRONG CASE (on the actual PPO ) and that they CORRECTED THE STYLUS NOW (oops they didn't notice it before??) THAT THEY THINK THAT MY NOTICE OF APPEAL WAS RENDERED THEN IMPROPERLY FILED
I BELIEVE THEY ARE WRONG
I BELIEVE MY ACTUALLY HAVING FILED TWO COPIES OF THE NOTICE OF APPEAL WITH PARTIES NAMES EACH WAY does in fact PERFECT MY FILING
I THINK THE LETTER FROM MY ATTORNEY THAT HE WOULD NOT BE FILING AN APPEAL and THE E-MAIL I SENT HIM REQUESTING HE FILE A MOTION FOR REMOVAL BEFORE I FILED THE APPEAL TO CIRCUIT COURT should be sufficient.
What concerns me is that I AM NOT SURE THAT MY ATTORNEY IS PROPERLY REMOVED FROM THE DIVORCE AND ACTION FOR SEPARATE MAINTENANCE MY HUSBAND HAD FILED IN A STRANGE PROCEDURAL TACTIC OF GETTING THE NUPTIAL ARGUED IN COURT TRYING TO RATIFY IT.
The whole thing is bizarre. My attorney had missed the 21 Days in which to argue against that nuptial , then requested leave to file late answer.
YET I DON'T THINK THAT OPPOSING COUNSEL WOULD FILE THE UNLAWFUL DETAINER ACTION UNLESS HE REALLY BELIEVED THAT NUPTIAL WAS ALREADY PERFECTED.
I DON' T THINK IT WAS, WHICH IS WHY HE FILED MOTION ON FRIDAY MARCH 2 to SCHEDULE A DATE TO ARGUE IT WHICH WAS SET FOR APRIL 11th (in consideration of my Pendete Lite REquest for relief of
YEt I wonder if the motion to argue the nuptial was really just another red herring and if in fact it was already considered PERFECTED by him and already considered VALID as it wasn't properly CHALLENGED.
So off to the LOUDOUN COURTS SITE As soon as I can get there again to re-check all filings. (OR to the court intself yet again.) My annoying AOL is loading the page too slowly.
I just don't see HOW HE COULD FILE UNLAWFUL DETAINER WHILE WE ARE STILL MARRIED!
That makes NO SENSE!
WE ARE NOT YET DIVORCED
What DOES CONCERN ME ALSO IS THAT HIS CROSS CLAIM FOR DIVORCE HAS TO BE RESPONSED TO IN 21 DAYS AS WELL
I have to see when he made those allegations of ABANDONMENT.
I NEED TO SEE what is up with the fact I saw on the actual FOLDER OF THE CASE PENCILED IN FOR DOCUMENTS "NY CASE"
I asked the CLERK WHAT DID THAT REFER TO AND WHY WASN'T IT IN THE FILE FOLDER I HAD BEEN HANDED (It was penciled in on the list of all included filings!)
I was told "Oh it must just not be there yet"
BUT I AM ENCOURAGED BY THE SERMON I HEARD THIS SUNDAY When my friend Pocahantus invited me to join her at a Black Gospel Church where she really wanted to hear good music.
The music WAS beautiful and inspiring.
THE PREACHER was RIVETING and MARVELOUS
HIS sermon was called "STicking with God" and he focused on how when you are on the right course you WILL BE STEATHILY ATTACKED. BUT WITH DETERMINATION AND FAITH KNOW THAT GOD WILL PREVAIL
AGAINST ALL ODDS, WHEN CONVICTED THAT YOU ARE WHERE GOD WILLS YOU, AND OPEN TO DOING WHAT GOD HAS CALLED YOU TO DO, YOU SHALL NOT FAIL. HE SAID
"TELL THOSE WHO ARE ATTACKING THAT YOU ARE NOT GOING ANYWHERE"
BECAUSE YOU HAVE DETERMINATION
DETERMINATION THAT IS FAITH DRIVEN AND GOD GIVEN
I really believe that.
I really believe that it was nothing short of the hand of GOD when
* At 2pm on the day of the deadline of when an appeal had to be filed of the PPO decision I SWALLOWED MY PRIDE and made a call to seek help and my friend called me back, used his computer for research, and gave me info on the RICHMOND COURT OF APPEALS I needed. MY appeal WAS PROPERLY FILED THAT AFTERNOON
* ON SAT FEB 24 we ran out of propane again . I called Westley and asked if he would provide support or means to fill the propane. HE nastily said NO. I then knew how to text message as a friend showed me how. AFTER PUTTING THE REQUEST IN WRITING VIA TEXT MESSAGE I then got a positive response of "The checks been mailed" (As the order for support was made on the 8th but I hadn't seen a check yet.)
* When I called the gas company they unexplicably INSISTED there was a thousand dollar CREDIT ON MY ACCOUNT so even though I didn't have means yet, it WAS FILLED AGAIN THAT SAT the 22nd. This CREDIT can't really be explained RATIONALLY.
*I had $30 left in my account the day before the BAR EXAM after balancing necessary bills. NO KNOWLEDGE OF HOW I'D GET TO NORFOLK, BUT A PEACEFUL CONVICTION I WAS TO GET THERE AS I WAS MEANT TO
* THat afternoon after balancing Bills, around 2pm I went to get mail and there was the support check that had been mailed on SAT the 24th as the postmark indicated (I am SURE AFTER THE TEXT MESSAGE OF THE REQUEST FOR HEAT FOR THE GIRLS) I deposited it and paid a few other bills and then was able to make travel arrangements
* When paying ANOTHER SUBSTANTIAL BILL for child care they INSISTED the balance due on my account was FAR LESS than I actually recalled it being.
* I MADE IT TO NORFOLK With both the CAR and HOTEL RESERVATIONS made at the last moment.
I will also tell you right now that although I am a smart person, if indeed I pass that BAR EXAM, I will not underestimate the power of my prayer to the HOLY SPIRIT to use me as a conduit for knowledge such that I can be a vessel for good works of the Lord.
Now that may sound SCARY to those without a TRUE GIFT OF FAITH
But to those who have been open to the guidance of God in our lives, I believe you will understand that there is ONE REASON that my girls and I are home.
WE BELONG HERE
THIS IS OUR HOME
AND GOD HAS INDEED BLESSED US.
To those who haven't FELT those blessings, I do feel for you. But don't allow your bitterness to attempt to destroy what is beaufiful and what you SEEK to have, just becasue you haven't yet realized those dreams for yourself. Perhaps ask WHY IS IT THAT SHE CONTINUES TO HAVE THINGS GO HER WAY? I really pray that someday you'll see- BECAUSE IT IS NOT ABOUT ME. IT IS NOT GOING MY WAY. I BELIEVE IT IS IN FACT GOING THE CHILDREN'S WAY BECAUSE INDEED THAT IS WHAT GOD WILLS
INDEED I AM HOME BECAUSE I HAVE A CONVICTION TO GO GOD'S WAY.
The only way you can have that INTERNAL HAPPINESS that I have possessed which you CAN'T SEE and CAN'T GRASP BUT FEEL and so long to possess is when you learn to turn YOURSELF over to GOD. To try to destroy that which you can't attain is really IMPOSSIBLE when it is a spiritual reality. It is MY REALITY of being a confident person of faith and joy. That is something that can not be attacked and destroyed as it is a GOD GIVEN GIFT.
So when I walked into the courtroom on FEb 8th I knew it didn't really MATTER what anyone else wanted. In the end, there will be JUSTICE. IT's inevitable, as ultimately we are not the ones in charge. In the end the right outcome will occur.
God's will shall be done.
It is not always the case when we are not open and deny. But I have asked for this. And I have been willing to let HIM be the LEADER of our HOME.
I indeed believe we are all blessed.