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Here we go again....GPV Round 3!!!

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What is the name of your state (only U.S. law)? NY baby

So this time there was not even a half assed attempt at personal service, this time I never got ANYTHING...

Since getting her hard fought "visitation order", GP has FAILED to facilitate visitation, in fact ive been the one emailing her atty asking whats going on...no answer to either myself or my attorney, ive sent emails with ALL my contact info, phone numbers, alternate emails etc....not a single response back....

GP tried to get a R/O against my husband over an incident that happened dec 09, which she DISMISSED THAT TESTIMONY in exchange for our current visitation order. She then WITHDREW THAT R/O PETITION they day my husband and i showed up in court, the judge ordered it dismissed!!

Her other daughter made veiled threats and comments of identity theft on her personal myspace page..which we all know internet ramblings are rarely admissable in court but at this point who knows what they are going to try next.

I believe this is just retaliation for my child not attending her other daughter's wedding, which we already had plans for that weekend ahead of time PLUS i was never ASKED if my child could even go, not by the GP, her attorney or anyone for that matter.

I do have 2 notes on my facebook page where i am venting about the situation, that can possibly be mentioned, I do not know the legalities of me just exercising my freedom of speech, I can link it here if anyone wishes to read it.

oh yeah kiddo's b day was this saturday.....NOT ONE CALL OR A SINGLE PHONE CALL FROM ANYONE! nothing....at all...got the phone records to prove it, no emails nada....zip...zilch....zero....

I will be in family court tomorrow morning to find out WHAT exactly the GP is trying to do....again.....

I will update again in the morning when I get back....wish me luck people.....

PS-Little one is doing great by the way, she's 2 1/2 mths and is such a cutie!!! for those of you who forgot I WAS PREGNANT the entire time the GP sued me and dragged me into court.....:mad:
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? NY baby

So this time there was not even a half assed attempt at personal service, this time I never got ANYTHING...

Since getting her hard fought "visitation order", GP has FAILED to facilitate visitation, in fact ive been the one emailing her atty asking whats going on...no answer to either myself or my attorney, ive sent emails with ALL my contact info, phone numbers, alternate emails etc....not a single response back....

GP tried to get a R/O against my husband over an incident that happened dec 09, which she DISMISSED THAT TESTIMONY in exchange for our current visitation order. She then WITHDREW THAT R/O PETITION they day my husband and i showed up in court, the judge ordered it dismissed!!

Her other daughter made veiled threats and comments of identity theft on her personal myspace page..which we all know internet ramblings are rarely admissable in court but at this point who knows what they are going to try next.

I believe this is just retaliation for my child not attending her other daughter's wedding, which we already had plans for that weekend ahead of time PLUS i was never ASKED if my child could even go, not by the GP, her attorney or anyone for that matter.

I do have 2 notes on my facebook page where i am venting about the situation, that can possibly be mentioned, I do not know the legalities of me just exercising my freedom of speech, I can link it here if anyone wishes to read it.

oh yeah kiddo's b day was this saturday.....NOT ONE CALL OR A SINGLE PHONE CALL FROM ANYONE! nothing....at all...got the phone records to prove it, no emails nada....zip...zilch....zero....

I will be in family court tomorrow morning to find out WHAT exactly the GP is trying to do....again.....

I will update again in the morning when I get back....wish me luck people.....

PS-Little one is doing great by the way, she's 2 1/2 mths and is such a cutie!!! for those of you who forgot I WAS PREGNANT the entire time the GP sued me and dragged me into court.....:mad:
Do update us once you find out. I cannot believe that the gp is doing the "no service" bit again. That makes absolutely no sense when they got shot down over it the last time.
 
Withdrawn...are you frekaing kidding me???

Sorry it took so long to update, i had to go straight to work after this BS this morning....

Ugh....so yeah i KNEW something was up since her attorney has not responded to any of my emails and kiddos birthday passed with out a phone call or so much as a freaking card sent... I just had a bad feeling and it was confirmed...

In NYS, you can go online and pull up your specific file/docket number in their E-Courts website, it will show you all upcoming appearances....and looky looky what i found out last night at around 9pm....

As you can imagine i spazzed, called my lawyer asap and starting getting everything together....again....i was FUMING that she tried this nonsense AGAIN. First off, I still had the Judge's direct fax # from last time we were in court, I sent her a fax at TWO THIRTY IN THE MORNING [thats when i found the number in my folder} so i typed up a letter politely explaining the situation and humbly asking the courts to excuse my tardiness but I still would show up to answer the summons and also advising i was never served at all and had no awareness of the proceedings at all.

I get there, they call us in and the judge acknowledges she received my fax, asks had i been served, did i know anything etc. and i said no, i had no idea of the proceedings if it werent for the fact i just on a whim checked the E-Courts system online last night. She then asks the petitioner whats is going on, was she served etc. She was on the GP like white on rice about service, that i was supposed to have been served by may 15th, did she serve me, did she attempt to etc. oh and NO LAWYER this time either.., the judge went over briefly do you know what proper service is etc and her answer to everything was no. I think it was 5 seconds from getting dismissed when the GP politely asked to interrupt and advised that SHE IS WITHDRAWING HER PETITION, that her attorney told her I had tried to contact him regarding visitation!!!!!....

Yes you read that correctly she withdrew on the spot....and i requested a copy of the withdrawn petition too b/c I wanted to see what was in it...and OMG was it a best seller fiction novel!!!! Gotta love the allegations, lets break it down here, im only going to put the actual allegations and not the fluff... it was a petition for modification of an order of visitation:

1-there has been a change in circumstances in that the current order of visitation is non specific as to days and times, thus enabling the respondent to control all aspects of visits including whether or not they occur{ummm...unless im retarded SHE AGREED TO THIS IN THE 1ST PLACE AND NOW YOU ARE TRYING TO MODIFY IT 6 MONTHS AFTER THE FACT!!!}

2-Due to its non specific nature, the petitioner is unable to to file a violation of the order and thus she continues to be denied a relationship with her granddaughter despite being awared the right to visits so as to maintain the bond they share. {REALLY SO YOU WANT TO BOND WITH KIDDO AND PUT MOMMY IN JAIL??....RIIIIGHT}

3-The respondent will not discuss or agree to any visitation times with the petitioner or return calls on a timely basis and WHEN the petitioner has called, the respondent tells her to call back later because the child is not around.{REALLY WHEN DID THESE IMAGINARY PHONE CALLS HAPPEN??? OK, SO LET ME PULL UP THE LAST SIX MONTHS OF CALL LOGS FROM MY WORK PHONE, HOME PHONE AND CELL PHONE AND LETS SEE WHEN THESE CALLS HAPPENED SHALL WE, OH WAIT THATS RIGHTS I HAVE NOT SPOKEN ON WORD TO THIS WOMAN SINCE AUGUST 2009!!!}

4-the respondent has stated that she was just going to agree to the judges visitation order and not obey it{REALLY, I WANT TO BLATANTLY PISS OFF THE JUDGE AND GO TO JAIL WHEN I CAN JUST LET YOU SEE MY CHILD FOR ALL 36 HRS SHE'S ENTITLED TO??? BUT THATS FUNNY THERES ENTIRE THREADS ON HERE WITH DATES AND TIMESTAMPS OF ME SAYING THAT I WILL FOLLOW MY ORDER NO MATTER WHAT ON THIS FORUM.....RIIIIGHT}

Theres a bunch of fluff and blah blah blah but basically these were her grounds to try and get the order modified as follows: to contain specific days, times, HOLIDAYS and phone contact, considerate of the child's schedule and all involved parties..
 

Rushia

Senior Member
Well that would explain why her attorney did not answer you. Not her attorney anymore. You need to start asking for your fees to be paid for her frivolous filing. She has withdrawn EVERY petition she filed.
 
Well that would explain why her attorney did not answer you. Not her attorney anymore. You need to start asking for your fees to be paid for her frivolous filing. She has withdrawn EVERY petition she filed.
ok but playing devils advocate here, um why hasnt he made such notice? and if that is the case, she STILL has my info and STILL COULD have contacted me directly...

ok so who owes who drinks here lady??..i think i called it on the phone sunday didnt i???....:p:p:p:p
 

Rushia

Senior Member
ok but playing devils advocate here, um why hasnt he made such notice? and if that is the case, she STILL has my info and STILL COULD have contacted me directly...

ok so who owes who drinks here lady??..i think i called it on the phone sunday didnt i???....:p:p:p:p
I'm not sure he's required to directly tell you. He has to notify the court. Your attorney would have know if you'd been served properly. I'm surprised that he didn't tell you, given that you were emailing him.
 

tornado88

Member
Glad she withdrew her petition, but how long do you think it will be before she does it again? I really am beginning to believe she is hoping to catch you off guard so she can get a default judgement. If it were me I'd be checking that website every week if not more, just to stay ahead of her. That judge will see right through her if she tries that again.
 

LdiJ

Senior Member
Glad she withdrew her petition, but how long do you think it will be before she does it again? I really am beginning to believe she is hoping to catch you off guard so she can get a default judgement. If it were me I'd be checking that website every week if not more, just to stay ahead of her. That judge will see right through her if she tries that again.
I agree that you need to keep checking the website. Make it a Saturday morning ritual/habit...or whatever day seems most convenient.
 

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