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    FLORIDASUN   43,488
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What a day...then what a night after...it's all crazy~ville~:(

Wednesday, December 04, 2013

So I was up at 5:30 a.m. all wired and nerve frayed but yet striving to be calm over the BIG event in front of us today. The Summary Judgement hearing on the 'save our home' fight in front of the big enchilada...that being a retired judge that FL has brought back to 'rocket docket' people out of their homes in 5 minutes or less.

Our attorney had told us that they had requested at least 3-4 hours for arguments. I wanted to make sure I had all of my corruption ducks in a row (all of the proven fraudulent cooked up bogus docs) so was up at the crack of dawn organizing papers.

I could have slept in. What a fiasco our court system is. There is NO justice only the meting out of getting people 'off the court docket'. That is Lee County's idea of justice. It doesn't matter if your case is solid or not...it's all about getting you OFF the docket. The court system is so broken I don't know who could ever believe in it after what I experienced today.

The courtroom was wall to wall people. EVERYWHERE...mostly lawyers of course. A few homeowners could easily be spotted as they stuck out clearly in the crowd with their 'deer in the headlights' look of shock and fear etched across their faces. I was right there with them...and what a sorrowful sight to observe. emoticon

We haven't been encouraged by our attorneys about going into the court room. Why...I guess the lawyers think that the Judge will attack you and call you out for being some homeowner slacker who is sucking the entire system dry by not paying up an impossible balance that the banks have ripped, robbed, and plundered on the economy sucking it so dry it would make any self appreciating pirate blush. In my research today I pulled out a statement taken off of OcWen's website of our balance in July. Luckily I printed it out. When I compared it to the latest bogus payoff letter they have recently sent it was over $125,000 MORE...this is a FOUR month timeframe....4 months! It's reprehensible and totally unbelievable that they can get away with this corruption!

But today I insisted in going into the court room...I wanted to see and hear first hand what went on during these rocket docket hearings I've hear so much about. It is shocking. It is a circus full of clowns and there is no smithering of justice that occurs in those chambers.

It's definitely 'the haves' versus the 'have nots'. You've been through enough of my blogs to know that we most certainly are NOT slackers, and we most certainly are NOT system suckers...we did everything in our power to work out something with the bank and jumped through every frickin' flaming hoop they held out in front of us. Then we paid them the amount they told us to pay for a modified payment for NINE months believing them when they said NEXT month you'll finally be on a permanent new payment plan.

Well guess what sparklers...don't EVER NEVER EVER trust a bank again. They lie, then they cheat, then they cook up fraudulent documents ANYTHING they need to steal your home and if they want it...the courts bend over backward to make sure they get it.

The lawyer that represented us today was a different one from the firm we so admire. That made me nervous also. I thought why are they sending someone in on the MOST important meeting of all time to plead our case? Does he even KNOW our case? But they are so short staffed that our normal guy was covering another case over on the East Coast.

But then this new lawyer tells me we have 5 minutes on the docket. WHAT...5 minutes isn't enough to say Hello Judge...this whole system SUCKS! emoticon Of course you are all QUITE happy that I'm not a lawyer by now aren't you?

So here's the deal...all of this hassle and tiring fight just to have the bank's attorney go before the bench to say that they can't produce the note (it is a well known fact that you have to produce the original note to take away someone's homesteaded house..even in the La~LA land of FL)

The bank's lawyer stands up in front of the Judge and says...Your Honor sir, I'm very sorry to have to ask for a continuance but the Clerk of Court LOST the note that we filed with her. emoticon Now wouldn't you think the Judge might take exception to this...I mean this is one of the Court's OWN...and most of the clerk of Courts I know are pretty darn efficient with handling key documents that have to go before a judge.

AND we later find out from our attorney that the Clerk of Court who was also in the courtroom said that they DID not lose the note as the bank's attorney lied to the judge...the note that they received was NOT an original copy. Score one for an honest clerk of court..although I would have insisted on viewing it myself.

So the Judge says...yes, granted and when you find the note you will be bringing this case to trial won't you?

Oh yes sir, yes sir the bank's attorney stutters all over himself.

Our attorney accepted this. I'm not sure why...it seems he would have contested it saying Your Honor...this bank has claimed a lost note, rescinded their lost note filing , then they filed they FOUND the note...but now at this FINAL hour...ooops they've lost the note again. Why are you letting this stand? I mean even in baseball...three strikes and you are OUT.

But nope...nary a word. I'm a little puzzled about this...but he seems to think they can build more evidence into our case and that this crazy dog and pony show that happened today is just another reason to make an appeal.

Unfortunately...I've done quite a bit of research and appeals are pretty darn hard to win...even for the best of reasons. For some crazy reason higher courts don't like to overturn lower court decisions...even the ones made by total morons! emoticon

I think I read something that says the lower courts butcher the bodies, the middle court bayonets the wounded, and the supreme court counts the dead. Hummmm now that paints a rosy picture doesn't it?

So...we have a continuance for the bank...always ANYTHING for the blasted banks. If we would have been the one's to show up empty handed...we be out checking the want ads for a place to rent tonight.

I've got to tell you my buddies...America is disappointing me...I think Canada is looking more and more appealing. Even with that crazy crack smoking mayor of Toronto...at least he tells the truth about stuff! emoticon

So after all of this...the big group that we belong to knows nothing about today...nor do they care about today...so it's better that they know nothing. I'd just be pissed off at them too for being so lackadaisical about the whole thing. emoticon

I get two phone calls about the bloody list that I put into action for sharing the responsibilities of the hostessing duties. You'd think just because I typed up the list that I am now their personal secretary and go to complaint department.

"Well Bobbi...we haven't heard from Erin and she is supposed to be the hostess next Saturday and here it is Wednesday and we haven't HEARD from her yet!"

Like I'm supposed to hunt her down on her cruise and say..."HEY get to it Erin...a few of the girls have their panties in a wad because you haven't yet e-mailed them about what the bloody heck is going on Saturday night!"

Holy cow...don't kill the messenger...I've had it with these neurotic women...let them have their own dine in's...or out's and just take US off the list! I said..."Well you DO know Erin is on a cruise and SHE is the one that selected that date. I only typed out the list according to the information I was given...maybe you should be contacting HER and not me.

Okay...so now she's miffed.

Ask me if I care...with days like this...I could just go off and live in a cave...far far away from civilization and the ninnies that live in it.

With big and true exception to all of my dazzling sparky friends...I'm sorry to be sooo out of sorts tonight...but REALLY...the DAY and NIGHT I've had.

Off to have a nice glass of vino and then off to bed. Sorry to be such a grump~ster! emoticon
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  Member Comments About This Blog Post:

CATHYGETSFIT 12/6/2013 8:37PM

    You know you always have a place to vent here amongst your SparkFriends!! I can only imagine how frustrated you must be. I wanted to get over here sooner to read your blog but just haven't had the time. I guess, like Kay said, at least the fat lady didn't sing the other day. That much is good anyway!

It seems like you are becoming more alienated with your group of diners. They certainly aren't making things any easier for you these days. Perhaps it's time to find new friends to dine with? It sounds like you've changed and that you don't particularly care for this group of people much anymore.

I know our so called "justice system" is corrupt and so is our government. I'm with you about Canada or many other countries. We've been saying for several years now that we'd like to move to another country. I think this country is going the same route as Rome did and I think eventually it's going to fall. emoticon

I am continuing to keep you and your DH in my thoughts and prayers. Hoping that the good side wins over the evil/dark side.

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Comment edited on: 12/6/2013 8:37:28 PM

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NANNER2121 12/6/2013 6:14PM

    Oh my Bobbie, I have been so out of the loop and missed your blogs and for that I apologise. What a circus - BUT I must agree with Debi, as excruciating as this is it may play well for you in the long run.
Oh, but my dear, the Toronto mayor DID NOT tell the truth until the evidence was irrefutable, the pictures were produced and the taped messages were played. What he did do was bully, snipe, bluster and lie all the way to the end. A very sad display for a public figure indeed.
Thinking of you and praying for proper end to this sorry, sorry travesty you are enduring.

Comment edited on: 12/6/2013 6:15:10 PM

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JAXMOMMY 12/6/2013 4:52PM

    What about perjury? Why don't you just cut and run from the group? I'm sure you have a few friends in there and y'all can do what you want, but this is supposed to be fun! When it is no longer fun it is time to cut and run! These seem like people who don't even care about your housing situation because they are supposedly safe. I had to do it and I spend a few more nights at home alone than I used to, but I'm at peace. I tend to believe things happen for a reason and perhaps the reason here is that you will get your chance and it will go in your favor! I'm having a blue day today, so don't even want to consider your predicament and the state of our court system! I know I am being selfish, but it might go on forever and ever.... My ranting that is! Hang in there my friend! This at least keeps you in your house for now, right? Treasure that little morsel!

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2ABBYNORMAL 12/6/2013 1:17AM

    I agree with you that it seems your attorney would have contested it saying Your Honor...this bank has claimed a lost note, rescinded their lost note filing , then they filed they FOUND the note...but now at this FINAL hour...ooops they've lost the note again.
I would think that the attorney was have stated that this is the Final Summary Judgment and that the Clerk of Court who was also in the courtroom said that they DID not lose the note as the bank's attorney lied to the judge...the note that they received was NOT an original copy. Based on that testimony I would have wanted the attorney to try to finalize this with the judge based on this being the Final Summary Judgment and this has gone on too long.
I was truly hoping to hear better news and that this would all be gone. I am so sorry it isn't.
As far as your group friends, do they know all of the hassles you are going through? It sounds like you really need to narrow your group to your closest friends and cut the ties to the others. They should be old enough by now to make these kinds of decisions and stop letting someone take charge of everything, thereby, leaving them off the hook.
You can't carry everything on your shoulders and that's what I would tell my negative friends.
I pray that things improve soon.
emoticon

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GAILSMAILS 12/5/2013 10:56PM

    emoticon Wacko world. Sorry it didn't go better.

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SPARKLINGME176 12/5/2013 8:44PM

    I wish you are Merry Christmas! Looks like you will STILL be in the house for it, right? emoticon

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ADRIENALINE 12/5/2013 8:31PM

    I had such high hopes that this would be the day of reckoning for your idiot bank. I'm so sorry things didn't turn out. Live on to win another day.

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GRACEOMALLEY 12/5/2013 6:14PM

    Bobbi Anne-
I put about 4 paragraphs into a comment here and somehow it vanished before I posted it! Boo-Hiss!

Anyhow - condensed version - You were in front of a judge for 5 minutes on a VERY accelerated docket. Your lawyer, any lawyer, would be derelict in duty if they tried to go into the issue of the lenders disputable documents in that venue. On the other hand - they've just given your attorneys a gift. Time to put together a cohesive pleading listing all the lender's fraudulent and robo-signed documents and all the possibly illegal actions the lender took on the basis of them, probably with copies attached as exhibits.

You had a judge at the end part of a long day with a lot of contencious people, a very restrictive time limit and no time to become certain of or bring up multiple other disputable documents the lender had tried to force in. Far better to let the lender lawyer accuse the court clerk and dig themselves in a little deeper. Then - your lawyers take the time necessary to compose a cohesive, organized pleading with copies of the "bad" documents attached to show a pattern of fraud & deceit. It can't hurt you at all if the court clerk has a copy they filed. (documents in courts here are date stamped by the clerk when received with blue or purple ink so you can identify the original filing. If they do that in FL, that will prove they filed a copy, not an original.) It sounds to me like the lawyers for the lenders are digging themselves in deeper and deeper with their lies and mistakes. Your lawyers are going to give them enough rope to hang themselves, me thinks.

The wheels of justice grind exceeding slow and that can make it very frustrating, but the situation as you described it sounds very hopeful for your side to me. They sure aren't going to be making points in their favor by calling the clerk inept or incompetent. Your lawyers are ading to the list of things the lender and its attorneys have done wrong and every time those twits screw up, your lawyers get to add to that list. When presented to the court in a well stated, clear, organized fashion, that will have far more weight than 2 minutes in front of a rushed and tired judge.

Gotta get going. Big hugs!
Debi

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PICKIE98 12/5/2013 4:29PM

    Let me get you a straw for that vino bottle..screw the glass, just slug it back Bobbi...

p.s. paybacks are hel-


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BBONET 12/5/2013 4:01PM

    Really to think tis is actually happening in the 21st. Century. and we have to trust the System!!!! I am really emoticon for all the things you are going through, but I know that you will stand your ground. At some point this needs to end.

As for your friend-a list-with duties-get real-you have enough to worry about.

Receive a big hug from me and may God bless you and DH. emoticon

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OLDERDANDRT 12/5/2013 2:44PM

    You have every right to feel the way you do. Just breathe, Bobbi. At least you have a home to live in while you wait to fight another day. Relax (just a bit), and take it easy. Smile, my friend. You and DH have and love each other and sometimes, that's all you need.....and your Spark friends, too!! Nobody can take them away from you!!! (((HUGS))) emoticon emoticon

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SNOWYOGA 12/5/2013 2:31PM

    emoticon

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BONNIEMARGAY 12/5/2013 1:23PM

    Wishing you resolution to this struggle.

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KATWELL88 12/5/2013 12:11PM

    Aww gee.. terrible how The greed hold on the banks etc... emoticon

we need more honest people out there to tell the truth like that fella in Massachusetts ( first save your engry and rest up ok? ) when your ready to tackle the fight again you will keep going emoticon emoticon

Many hugs.........
dolly

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BIGPAWSUP 12/5/2013 10:42AM

    OMG- that is INSANE!! I'm so sorry lovey! I wish there was more I could do. Just know I'm here for you.

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FLORIDASUN 12/5/2013 10:20AM

    Big hugs and many, many thanks to all of my wonderful sparkling friends. I told the hubs I'd be PERFECTLY happy moving to Spark World...we should start our own compound! emoticon Okay...that sounds a little OUT there but it is a comforting thought. Today is a new day...I'm meditating on the important and the important is the blessings in my world and the will and creativity I have to carry on. The only way around...is through~ emoticon I appreciate all of your thoughts and responses...I don't offend easily so what you have on your heart is always taken in...if I offended easily I surely wouldn't still be pals with this group of crazy neurotic women...I'm just saddened that what they see is the facade...not the soul.

But hey...another GREAT life lesson eh? emoticon emoticon

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MPARKER67 12/5/2013 9:49AM

    OMG I really thought your battle for your home would be over one way or the other. And those ditzy ladies. emoticon emoticon

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JUDYAMK 12/5/2013 9:27AM

    I posted last night ,but I have one more thing, those friends of yours shame on them. They all know what you are going through with the courts and bank why on earth would they bother you about someone not getting in touch with them to host.!!
I would remove myself from the hosting until this bank issue is resolved, or until these ladies speak up come to you and say hey look we know you are gong through so much stress, we do not expect you to be involved right now.
If they do not at the next get together I would stand up and tell them you have an announcement to make and let them know at this time in your life you need to step back for awhile due to the circumstances you are gong through. If they cannot understand that I would not call them a true friend, when friends are seeing someone hurting they are there to try and make things easier for them!!
I am still praying not stopping one bit.
Judy

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HEALTHY4ME 12/5/2013 6:59AM

    You know what.......... and you may not like it... but I think that you are now putting too much mental anguish, time and money to fight for your house. It is draining you and to me when the lawyer you are paying is dragging his heels and not even speaking up, geesh. When you said he thinks they can produce more info, well yea we can try cos that keeps you on our payroll longer..
I honestly don't know, it is not fair that everyone loses their homes, and that the honest ones that fight dont win ( and I am petrified on my little long term case that we just got a lawyer for!!!) It is not that I don't think your house and your memories in your house are not worth saving, I certainly do, but at what cost Bobbi? You and hubby are expending such huge amounts of time, worry, thought and so far for what.
Guess I hate seeing so much of your time left here fighting for a building ( yes it is your home but you of all know that it is the memories etc that are important). YOU sounded o content, rellieved and happy when you talked about the old Cottage and the quieter times. I am not saying that is what you need to do ( although I would do it in a heart beat !LOL), but think about it all. You are fighting for your house when you can take your memories with you, and you are disallusioned with your group of friends. And even though you LOVE your consigment gallery and jewelry you work so hard and all the time..... Perhaps that is all how you want to spend your waking days. But to me, so many of your blogs sound so sad, happy and upbeat about the biz, the external but not the internal happiness.

I love your blogs, and reading about your fight and your friends. But I also see almost a despearate - ness to keep the status quo and yet you dn't seem happy. Think long and hard, and what you internally want cos I think you know just it is a huge leap.
Now doint stop blogging about it all, I am not being neg. about what you write, just thinking I wonder what BOBBI really wants.... ( besides to keep the sticks and bricks as the RV people call it!). Reading about people that have soldl their houses and most of the belongings to live in RVs is a real eye opener on what we are attached to!
HUGS

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JAZZEJR 12/5/2013 6:49AM

    I'm wondering why you can't write the judge, send him all your documentation. I'm sure that's against all the rules, but why? I'd at least ask to speak to him in chambers. But then he probably already knows that they've pulled this "lost document" ploy numerous times before. Don't care for our "justice" system -- even though both my kids are lawyers. :)

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FANGFACEKITTY 12/5/2013 1:37AM

    emoticon

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EJOY-EVELYN 12/5/2013 12:02AM

    With the Justice system you describe so well, it's got to be tough to stay strong. Acting justly to a system that's not working as it should has got to be terribly frustrating. May the right people, hear your pain and the injustice that you have had to deal with.


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MSLZZY 12/4/2013 11:50PM

    emoticon What an ugly day!

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ALIALI2013 12/4/2013 11:44PM

    I found that out years ago, I don't trust the so called "Justice System" anymore, not when our daughter pays 200. down on a pony she raised from birth, named, and trained, and because she moves one of her horses to a guys farm that the one she's buying the pony from doesn't like, the woman withdraws the sale of the pony (all verbally done). The woman then makes up at least 8 different reasons she's not selling her BUT the truth which everyone knew, and brings her husband AND her daughter in law (at the time) into the courtroom to lie for her (neither were there at the time of the verbal contract PLUS the daughter in law, who worked for the local Police Department, flat out lied about being there when she'd not visited the place for at least 6 months!!

Our daughter ended up losing the pony, but she got her money back, then when they lost and had to give the money back, they claimed to every one they'd won. The court would NOT allow our daughter to use any of the 20+ letters of recommendation, witnesses who couldn't be there at all and tossed them out, as to what happened, then when we were told she could only have me in the room with her (not her witnesses); and allowed the woman to bring her husband and only witness she had in, that just really did it. The woman who owned the pony tried to give our daughter a hug as we were leaving (daughter was crying her eyes out, she loved that pony), our daughter just pushed them away and left with us.

Then our daughter was in an accident in IL (5 hours away from home) and though she proved she was turning with her left signal light on AFTER the accident, the officer "forgot" to put that in the report. She got a ticket for improper use of signal light (yes, it was on, she had a horse trailer on the back of the truck, and the woman passed her, SPEEDING in the intersection as she was turning. The woman flipped her car because she was speeding, and then sued our daughter for $50,000. which she got!

We were told because of that county, if you're out of state you'll get a ticket (this from people who lived there), and won't have a chance at winning any case brought up.

Justice system sucks, for sure. I feel for you, but we move forward and try to forgive...which is hard, but in order to move on, we have to. emoticon

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SVELTEWARRIOR 12/4/2013 11:42PM

    My friend what a day and night you have had!!!!!!!!!!!! Please get some rest and know my prayers are with you

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ALIHIKES 12/4/2013 11:18PM

    So frustrating to be expecting justice and dreading injustice -- and then have delayed and delayed and delayed. Good luck with your party group. I had a similar experience when I ended up as unofficial secretary for my book club -- everyone RSVP'd to me instead of the host.

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JUSTME29 12/4/2013 11:08PM

    I have to believe that these people in your dining group have some redeeming qualities or you would have moved on long ago. It does seem like a lot for them to suddenly expect you to be the coordinator.

I just am speechless at you description of the horror of a hearing today.

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DS9KIE 12/4/2013 11:07PM

    good grief....thats all i got...what else can one say with government that cheats you...then you have crazy freinds to deal with...eeeekkkkk
emoticon emoticon emoticon emoticon

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TSISQUAUSDI 12/4/2013 11:03PM

    Grump all you want, Bobbi Anne! You're entitled! Yes, it would have been nice if your attorney had gone for the kill-shot today, but at least you're still fighting! Hang in there!

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AWESOMECHELZ 12/4/2013 10:51PM

    I 'll start with the end of the blog first - I would pick your true friends from that group and start something new. Your life is too stressful. I moved 1 1/2 years ago and left some "friends" behind. GREAT decision for me. You need true friends around you. emoticon

As far as your house, I would go to the TV people, big newspapers all over the country and put it all out. America needs to know how horrible the banks are AND Florida!! I am so very sorry, very sorry.
LOVE, CHELSEA

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JUDYAMK 12/4/2013 10:19PM

    I am having a melt down reading the past blog and this blog. I am going to be honest with you, I NEVER knew banks in America were like this, thought banks HAD to be just and NOT crooked. I never heard of a bank stealing from the people and lying. My gosh I knew there are crooked judges we had so many here in Pa. go on trial and especially the one trial, Kids for Cash those judges are evil. You can google that to read. I am dumb struck what the banks are doing in Florida. I feel so bad for you and all those that are in the same situation. I cannot believe the Senators are not getting involved in this mess. I do not drink however I bought a bottle of Castel Grisch Vidal Blanc Ice Wine in New York about 4 years ago never opened bought it for the beautiful color of the bottle. Guess what after reading all of this in the past 2 days I maybe popping the cork. This all makes me feel sick at my stomach because to me this could happen to anyone. Even though our home is paid for I have compassion for others. I will be in earnest continuance prayer for all of you gong through this corruption.
Hang in their and many prayers are going up throughout spark land for you also.
Judy

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MCFITZ2 12/4/2013 10:07PM

    Hope you get a good nights sleep. You need it.

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NANA2JONEMIMAT 12/4/2013 9:40PM

    emoticon

Comment edited on: 12/4/2013 9:42:25 PM

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1BEACHWALKER 12/4/2013 9:38PM

    So sorry it worked in the banks favor again! Have a nice rest, put it out of your head ...tomorrow is another day. Hugs.

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SIMPLELIFE4REAL 12/4/2013 9:29PM

    Thanks for letting us know what happened today. I've been thinking about you all afternoon. I'm sorry this is dragging on, but there was no fat lady singing today and that's good!

It sounds like that group of diners sure isn't making your life any easier right now. You don't need that kind of stress right now.

I hope you are able to get some sleep tonight. It's been a looooong day for you.
Hugs,
Kay

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