———- Forwarded message ———
From: JD <@gmail.com>
Date: Fri, Dec 18, 2020 at 3:25 PM
Subject: Demand Letter Prior to Legal Action
To: Lv <da@f.com>
Cc: JD <@gmail.com>
Mr. Levy,
I am writing to bring to your attention an action on your client’s part that has caused me a great deal of mental and emotional stress.
Your client has wilfully acted in bad faith or with a conscious desire to harm me by violating the MSA vacation clause that states that I or She cannot select our vacation (in consecutive weeks) which she reconfirms in her April 5, 2020 email below. An example, to start a vacation with our child again and end on December 14th. Which is on my parenting day (today), within the same week, on December 18th, in consecutive weeks.
It is my wish that you respond and resolve this matter as soon as possible.
Thank you in advance for your prompt attention to this matter.
Sincerely,
JD
On Sun, Apr 5, 2020, 12:19 PM KD. <@gmail.com> wrote:
JD,
As per our MSA, what two non-consecutive weeks of vacation with Nina have you selected for this year?
K D
On Thu, Dec 17, 2020 at 10:51 AM Lv <n@.com> wrote:
Again, I am not here to provide you with advice on how to interpret orders, the MSA, or deal with your insurance company. If you need advice, you need to hire an attorney. You had an attorney and you should ask him about all of these questions. I’m quite sure that he told you that you’re being ridiculous, which is why you fired him.
What I can tell you is that if you file a motion, we will absolutely seek monetary sanctions from you and ask that the judge order you to reimburse my client for legal fees. Please note that my hourly rate is $350 per hour so you should make sure that you can afford to reimburse her before filing a frivolous motion. Each and every one of those “issues” has already been ruled upon by the court.
Please be guided accordingly.
On Wed, Dec 16, 2020 at 11:47 PM JD <@gmail.com> wrote:
Dear Mr. Levy,
Unfortunately, I cannot afford the legal advice that your client is receiving. To this end, while your intent may to be to capitalize on this vulnerable situation I find myself in, my intent is to remain focus on the best interest of my daughter. I am troubled that your client does not share this desire. In fact, to continue to drag these issues out and require unnecessary litigation for which neither myself nor your client can afford, does not appear to be in anyone’s best interests.
With regard to the 401k at issue, the Judge’s Order, dated April 29, 2020, is unmistakably clear. Your client’s unwillingness and/or inability to provide the plan administrator’s contact information defies the foregoing Order. Rather than continuing to engage in this fruitless back-and-forth, I demand that this information be provided by the close of business tomorrow.
Concerning the Insurance issue — attached you will find my fully executed authorization, as you requested. I will await same from your client, as you indicated will be forthcoming. To do my best to eliminate any more lengthy time constraints on this important healthcare issue under this dangerous pandemic, I attached in word document format for you and your client’s convenience to make any necessary adjustments as needed by NJ Care for authorization acceptance, in the same sphere of authorization documentation, as your client’s 2016 NJ Care ordered medical authorization to Father for our daughter.
Judge Dibiasi’s Order, dated April 29, 2020, requires your client to provide me with the names of her employers/contactors between July 2018 and the Present. As a result of your client’s own admissions, coupled with the fact that she is paying your legal fees, she certainly was employed during the aforementioned period of time. Therefore, your client’s refusal to provide this information is curious. Similarly to the 401k plan administrator’s information, I expect this information by the close of business tomorrow.
It follows that since your client can certainly afford your legal services, she should be able to pay me the $200 dollars ordered by the Court. I will accept payment in the form of a personal check or cash. I demand proof, by the close of business tomorrow, that payment has been placed in the mail.
Finally, your position on the MSA Vacation Clause and Make-Up Day Issue I have raised is inherently unreasonable. Continuing to address this issue via correspondence is clearly a waste of everybody’s time. Thus, I unfortunately will have no choice but to address this issue through the full extent of the legal process and procedures for the wellbeing of our daughter.
Please be guided accordingly.
JD
On Wed, Dec 16, 2020 at 7:07 PM Lv <@com> wrote:
Sir, I am not here to give you legal advice about how to process the QDRO. You should consult with an attorney for advice about that and how to proceed with the health plan. If there is a document that the health plan needs my client to sign, we will sign it, if appropriate, if and when you provide same.
And you already know full well that my client is not currently employed.
On Wed, Dec 16, 2020 at 4:51 PM JD <@gmail.com> wrote:
Dear Mr. Levy – just a forward email to make sure you received this response email based on your previous reply times. If so, please disregard this follow-up.
———- Forwarded message ———
From: JD <@gmail.com>
Date: Tue, Dec 15, 2020 at 6:03 PM
Subject: Re: Amicable Agreement
To: Lv <@com>
Cc: JD <@gmail.com>
Dear Mr. Levy,
My response to your email, dated December 15, 2020, follows:
My prayer is to come to a reasonable and quick conclusion on this civil matter in the face of abject non-compliance by your client; making wild accusations about my hostility when I am asking for straight answers does not further any of our goals.
QDRO: Respectfully, your statement is not accurate. Without question, your client was ordered (by way of Judge Dibiasi’s Order, dated April 29, 2020 “to process the QDRO for Plaintiff’s 401K.” However, I still haven’t received any information regarding the disbursement amount info of the QDRO from the 401K except what your client mentioned in her CIS from four years ago. Therefore, please have your client provide me the company plan administrator QDRO information and contact that she used to provide to Pension Appraisers. Otherwise, after the Judge’s order signature, I am without the necessary information related to the plan administrator of the QDRO to send to effect the QDRO disbursement.
Insurance: To your point, I again reached out to a New Jersey Care rep as this morning at 11:45am. I was advised that I do not have the authorization to receive any medical information regarding my daughter under this plan until or unless provided with authorization by your client. Therefore, please confirm that the necessary information will be provided to me immediately upon your receipt of same.
Make-up days: Your cavalier assertion that “there are no make-up days” is non-sensical. Specifically, if this were an accurate statement, why would your client aggressively have attempted to take same of them when she was away in October?
Importantly, I take issue with your assertion that I have threatened violence against your client in any way. In reality, your client is the only party to our prior marriage that has actually committed an act of violence against the other. In fact, I refer you to the TRO complaint made by your client in or around July 2018, which ended with the Judge not granting same and finding your client to be “non-credible”.
Moreover, in an effort to undercut your client’s intent and/or effort to commit another act of custodial interference beginning on December 18, 2020, please confirm that your client intends to return my daughter to me by 3pm, Friday, December 18, 2020 as per the MSA, of my normal 2-2-3 scheduled, 50/50 parenting day as she is not entitled to start another vacation on the same week she has ended same on Friday, December 18, 2020. Your failure to confirm this will constitute an admission on behalf of your client of her intent to violate our custody agreement.
Finally, regarding with regard to the missed make-up days, the Judge ordered that the MSA requirement of a 50/50 parenting time split be enforced. Your unwillingness to maintain a ledger shall certainly not override the contractual and legal right I have to a 50/50 split. Therefore, I am renewing my request for make-up days with my daughter on November 12, 16, 17, 20, 21, and 22 to ensure the MSA is being appropriately followed and the Judge’s Order is being adhered to.
Job Name Information: This request was ignored. Please refer to April 29, 2020, page 2, paragraph 4 “order Plaintiff disclose her place of employment” and MSA page 7 paragraph 15, Child Support, “each party has a continuing duty to notify the other when employed…” provide the name of your client’s job or contactor name as you stated at December 11, 2020 Hearing she was now unemployed “collecting unemployment insurance,” but never provided me her job name of employment as per the MSA and April 29, 2020 court order “from July 2018 to present.”
$200 ordered payment: Finally, it is curious that you ignored this issue. Please confirm when I will receive this money from your client.
Thank you so much for your ongoing cooperation,
JD
On Tue, Dec 15, 2020 at 11:38 AM Lv<@com> wrote:
QDRO: This issue isn’t outstanding. You have the QDRO. You certainly have the information about the plan admin or else the QDRO couldn’t have been created in the first place. You should check your records.
Insurance: As I said in court, we will provide it once we receive it. You are also free to call NJ Family Care. You don’t need any authorizations as you have joint legal custody.
Make-up days: As explained in court, there are no make up days. If you were more cooperative and less aggressive with my client, perhaps we could arrange mutually agreed swaps. But this does not seem possible at this point. Additionally, I am told that you have once again threatened to call the police. This will NOT be tolerated and we will take appropriate action if you continue to harass my client. The court’s order was very clear and there were no “mixed signals”. Additionally, your language that you would like to “avoid fisticuffs” is particularly concerning as you appear to be threatening violence. In any event, we are not keeping a running ledger about missed days – that’s not how this works.
12/14/2020
VIA Electronic Mail
v, Esq.
300 Cross Street
Bills, NJ 07252
RE: Amicable Agreement
Dear Mr. Levy:
As you are aware, I am the Defendant in the above-referenced matter. In conjunction with the Court’s Order, dated 12/11/20. It was very nice meeting you at the hearing on Friday, and I am happy someone will help Ms. Davis clear this up. Of course, there are a number of outstanding issues that require immediate attention lest we need to return to court.
QDRO ORDER
Though the Judge deemed the 401k QDRO motion to be “Moot”, it is without question that your client informed the court that she provided her signed and notarized original paperwork to the defendant. In an effort to avoid having to address a fourth Motion on this issue, can you please provide me with the plan administrator information by the close of business on December 16, 2020 so I can finalize the process once I received the signed original 401K QDRO back from the Judge?
DISCLOSURE OF INSURANCE AUTHORIZATION INFORMATION FOR DAUGHTER AND NAME OF EMPLOYER AND OR CONTRACTOR
The Judge ordered the Plaintiff to provide me with a copy of Plaintiff’s insurance card. It follows that I also need authorization from Plaintiff to access our child’s records. During the hearing, you were given the impression that this was the same NJ Care Insurance that Plaintiff had in 2016 when the Judge similarly ordered Plaintiff to provide this same letter of authorization. NJ Care needs this letter of authorization for Father (see attached authorization EXHIBIT Aug 26, 2016). Since Plaintiff failed to disclose that she was awarded this free insurance policy between July 2019 to the Present, please forward me the authorization letter by the close of business on December 16, 2020 so this issue can be properly rectified.
Moreover, Plaintiff has failed to provide the NAME of the employer or contractor information pursuant to the April 29, 2020 court order. Additionally, you stated during the Hearing that the Plaintiff was currently collecting unemployment insurance, but to date she has not provided me with the NAME of who she was employed with pursuant to the April 29, 2020 order. Thus, I respectfully request that you provide same by the close of business on December 16, 2020.
MAKEUP DAYS FOR DEFENDANT
In 2020, I missed the following twenty-two (22) days of agreed upon parenting time, at no fault of my own:
March 14, 15 July 8, 9, 13, 14, 17, 18, 19, 22, 23, 27, 28, 31, Aug 1, 2 ***Nov 12, 16, 17, 20, 21, 22 (custodial interference when the Police made Plaintiff return her daughter on the Nov 22nd to me)
Plaintiff acquiesced to allow me to make-up eleven (11) of these missed days. In fact, two (2) days, the 23rd and 24th of November were made-up through the assistance of the local police department.
Therefore, Plaintiff owed me eleven (11) parenting days.
Conversely, Plaintiff has missed nine (9) parenting days in 2020 – i.e., Oct 21, 22, 26, 27, 30, 31 Nov 1, 4, 5.
Importantly, my November 12, 16, 17, 20, 21, 22 parenting days were taken after the initial Sept 5, 2020 Motion for relief. Specifically, beginning on November 12th the Police had to intervene and ordered Plaintiff to provide me with 2 of my 6 parenting days missed from November 12th 2020.
As you are now aware, your client withheld our child from me for substantial blocks of time in the past year, eventually leading to motions for relief and intervention of the police to have our daughter returned to me. Because these are unusual times the court gave mixed signals about this issue; while not specifically agreeing we should do make-up time, he enforced our MSA of 50/50 equal parenting time to hold precedent for reasonable fairness.
I would prefer not to have to drag this out; to make this all go away I would be happy with a parenting swap on Dec 24th and 25th and my original parenting time on December 18, 19, 20.
Moreover, we have a dispute regarding vacation selection as Page 6 Paragraph 11 of the MSA states, “vacation time for each party will be two non-consecutive weeks.” The Plaintiff currently requests Dec 7 to 14 and 18 to 24. December 14th and 18th fall in the same (consecutive weeks) even though she is kind enough to offer me one day in between her consecutive weeks; her desire here strains the limits of the wording of our agreement, and certainly are utterly out of compliance with the spirit of it. Again, to bring peace and avoid fisticuffs over this matter, I am simply requesting my same MSA parenting days to avoid conflict and confusion for our daughter. Can we have a response within the next 3 business days?
$200 PER MONTH PAYMENT
The Judge ordered the $200 monthly payment to “resume immediately.” Therefore, please provide proof that said payment has been rendered by the close of business on December 16, 2020.
Thank you for your immediate attention to these matters, and as always, please do not hesitate to contact me with any questions or concerns.
JD
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