Friday, October 9, 2020

Is This Legal?

 I recently went through mediation with an attorney, Don Stuckey,  and his client,  a CPA Tom Lavin, from Lavin and Associates.  Earlier in the year, Tom's wife Linda, acting on his behalf, turned off the utilities to the business that I run and was in the process of buying from my late husband, Richard Jacobs.

Yes, turning off utilities is illegal in February and yes, I had significant damage from frozen toilets to water leaks.  I was locked out of my business in May, after having fixed the problem with the utilities and making it so that Lavin could not turn them off again. Yes, I was evicted from a business that I own 91% of when I should have been foreclosed if it was going to be anything to remove me.

When I was finally able to gain access to my business and building, all of the petty cash from two businesses had been taken ($300),  an antique 12 pin lock was gone ($480+), along with a case of tanning bulbs ($3100) another case, ($2700), a case of tanning lotion ($136), another case of high-end lotion ($261), cleaning supplies ($350) a bed was broken ($13,000) spray lotion supplies were gone ($480), a wall was kicked in ($1000), a screen door was broken($120), two neon signs were broken ($900), cases of toilet paper were stolen ($75), cases of Mountain Dew and other soft drinks were stolen ($50), a spray bed had been tampered with ($6500) to fix, a toilet had been broken ($340) an uninstalled toilet had been taken ($340), and more from another business that equaled about 30k that was purposely destroyed or stolen.       In order to regain access to my business, I had to sign an agreement that I would not sue or otherwise create more litigation against any party that was involved in this. 

So now, when this should be finished, instead, Stuckey and Lavin took it upon themselves to contact the realtor selling a house I plan to buy (I have signed the purchase agreement and paid earnest money) and told him that the funds from the estate had been dispersed. 

In fact, only a partial payment had been made to the attorneys and more importantly, the mediator had put in the clause that we would not say anything to anyone about the terms of the settlement. 

Now, the selling agent has demanded payment in full because technically funds were dispensed, albeit only attorney fees. So I've lost my earnest money and the house I had a contract to purchase has been sold to someone else. 

How is it legal for Don Stuckey, Tom Lavin, and the realtor from Wible Realty to discuss a private settlement, much less release private details of the sale?  There's a reason that Richard would never do business with Wible, now I know why.

Ask yourself if this is legal, you'll thank me later,.

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