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  • Motionforshowcause3 150714172014 Lva1 App6891

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    Tsimhoni v. Tsimhoni

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    Tsimhoni v. Tsimhoni

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    © All Rights Reserved
    Download as PDF or read online from Scribd
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    67 views11 pages

    Motionforshowcause3 150714172014 Lva1 App6891

    Uploaded by

    Domestic Violence by Proxy
    Tsimhoni v. Tsimhoni

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    of 11
    ALEXANDER, EISENBERG, MIDDLEDITCH & SPILMAN H PROFESSIONAL LIMITED LIABILITY COMPANY DENISE R, ALEXANDER 600 SOUTH ADAMS. SUITE 100 LAURA E, EISENBERG BIRMINGHAM, MICHIGAN 48009 Amy M. SPILMAN TELEMHONE: (248) 353.8880 KER! MIDDLEDITCH FacaWiLe: (249) 2838749 ‘WEBSITE: AFSUAWFIRN.COM March 26, 2015 VIA E-MAIL AND FIRST CLASS MAIL Andrew M. Bossory, Esq Lorandos Joshi 2400 S. Huron Pkwy. Ann Arbor, MI 48104 RE: Maya Eibschitc-Tsimhont v, Omer Tsimhoni Case No. 09-766749-DM Dear Mr. Bossory: Enclosed please find the following documents in relation to the above-referenced matter: 1. Order to Show Cause; 2. Defendant's Verified Motion for Order to Show Cause for Plaintiff's Violation of this Court’s Order of March 23, 2015 as to Parenting Time; and 3. Proof of Service. Very truly yours, ALEXANDER, EISENBERG, MIDDLEDITCH & SPILMAN, PLLC Laura L. Roberts Legal Assistant fr Enclosures ce w/ ene: William Lansat, Esq, Omer G. Tsimhoni STATE OF MICHIGAN IN THE CIRCUIT COURT FOR THE COUNTY OF OAKLAND FAMILY DIVISION MAYA EIBSCHITZ-TSIMHONI, Plaintiff vy. OMER G. TSIMHONI, Defendant. LORANDOS JOSHI By: ANDREW M. BOSSORY (P74364) Attomey for Plaintiff 2400 S. Huron Pkwy. Ann Arbor, MI 48104 (734) 327-5030 ALEXANDER, EISENBERG, MIDDLEDITCH & SPILMAN, PLLC By: KERI MIDDLEDITCH (P63088) Attorney for Defendant 600 South Adams, Suite 100 Birmingham, MI 48009 (248) 358-8880 scm 09-766749-DM KOA AUDGE LSA GORCYCA EBSCHTZISM v. TSMHONLOMER HON, LISA GORCYCA SCHNELZ WELLS, PC By: WILLIAM LANSAT (P36752) Guardian Ad Litem 280 N. Old Woodward Ave., Ste. 250 Birmingham, MI 48009 (248) 258-7074 ORDER TO SHOW CAUSE Ata session of said Court held in the City of Pontiac, County of Oakland sua eR on PRESENT: This matter having come on before the Court upon the filing of Defendant’s Verified Motion for Order to Show Cause for Plaintifi’s Violation of this Court’s Order of March 23, 2015, and-the Court being otherwise fully advised in the premises; NOW, THEREFORE, IT IS HEREBY ORDERED that Plaintiff, MAYA EIBSCHITZ- ‘TSIMHON, shall appear in person before this Honorable Court on Thursday, April 2, 2015 at 9:00 aam., to show cause why she should not be held in contempt of Court for failure to comply with this Court's Order of March 23, 2015. IT IS FURTHER ORDERED that a copy of this Order to Show Cause and the Defendant’s Verified Motion for Order to Show Cause for Plaintiff's Violation of this Court’s Order of March 23, 2015, shall be served upon Plaintiff, MAYA EIBSCHITZ-TSIMHONI, by personal service OR upon ANDREW M. BOSSORY, counsel for the Plaintiff, by e-mail and first class mail immediately upon the entry of this Order, no later than March 26, 2015. Lisa Goxeyce CIRCUIT GE TRUE COPY LISA BROWN oe ‘Clerk - ne an /aessa en” STATE OF MICHIGAN IN THE CIRCUIT COURT FOR THE COUNTY OF OAKLAND FAMILY DIVISION MAYA EIBSCHITZ-TSIMHONI. Plaintiff v. OMER G. TSIMHONI, Defendant. LORANDOS JOSHI By: ANDREW M. BOSSORY (P74364) ‘Attomey for Plaintiff 2400 S. Huron Pkwy. Ann Arbor, MI 48104 (734) 327-5030 ALEXANDER, EISENBERG, MIDDLEDITCH & SPILMAN, PLLC By: KERI MIDDLEDITCH (P63088) ‘Attorney for Defendant 600 South Adams, Suite 100 Birmingham, MI 48009 (248) 358-8880 SMP 09-766749-DM AANA SIDGEUSA GORCYCA EBSCHTZTBM v TSMHOMOWER HON. LISA GORCYCA j SCHNELZ WELLS, PC By: WILLIAM LANSAT (P36752) Guardian Ad Litem 280 N. Old Woodward Ave., Ste. 250 Birmingham, MI 48009 (248) 258-7074 / DEFENDANTS VERIFIED MOTION FOR ORDER TO 07 'AUSE FOR PLAINTIFF'S VIOLATION OF ‘THIS COURT'S ORDER OF MARCH 23, 2015 AS TO PARENTING TIME NOW COMES the Defendant, OMER G, TSIMHONT, by and through his attomeys, ALEXANDER, EISENBERG, MIDDLEDITCH & SPILMAN, PLLC, by KERI MIDDLEDITCH, and for his Motion, states as follows: 1. A Judgment of Divorce was entered in this action on August 8, 2011 (“Judgment”). 2. Three children were bom to the parties, namely: [TSIMHONI Born Age 13 {TSIMHONI Born Age 10 TSIMHONI Bom 5 Age 9 3, Acontempt hearing is currently scheduled before this Court on April 2, 2015: 4, Plaintiff Mother has filed a Motion for Notice and Hearing, as well as a Motion for Independent Counsel for the Children which shall also be heard on April 2, 2015. 5. The parties last appeared before this Court on Monday, March 23, 2015 as a result of Plaintiff Mother's continued violations of the current parenting time Orders, as well as Plaintiff ‘Mother’s responsive Emergency Motion to Suspend Parenting Time. 6. In her usual fashion, Plaintiff Mother has alleged that Defendant Father physically abused his son, Iuring the scheduled parenting time on March 19, 2015. He Nothing could be further from the ‘truth, 8. Plaintiff Mother said, in front of the children, that she was upset by the “abuse” that allegedly occurred in Defendant Father's home. 9. On March 23, 2015, after an extended and arduous hearing on the parenting time issues before this Court during which time testimony was taken from the Parenting Time Supervisor, an Order was entered denying Plaintiff Mother's Motion to Suspend Parenting Time and awarding Defendant Father continued parenting time with the parties’ three minor children. See Order attached hereto as Exhibit A. 10. ‘The March 23, 2015 Order provides, among other things, as follows: “Father shall have parenting time beginning today 3/23 through 3/26 and 3/30 — 4/1/2015, Parenting time shall he from 6:30-7:30 ‘On 3/23, 3/24, 3/25 Father shall have parenting time with Father shall have p-time_with| mn 3/26/2015. Father shall have parenting time with] on 3/30 and 3/31. Father shall have p-time wit The location to be determined by| Supervisor] if the parties cannot agree.” [Parenting Time 11. For the parenting time scheduled to commence at 6:30 pam. on March 23, 2015, it was arranged for Defendant Father’s parenting time with BIE and [I take place at HES «© t2er2nt in the presence of the Parenting Time Supervisor. 12, Mere hours after the entry of the March 23, 2015 Order, Pleintiff Mother again violated the Court’s Order by not appearing at the location for the Defendant Father’s parenting time with i 13, Upon information and belief, Plaintiff Mother advised the Parenting Time Supervisor that “after what happened to HE ciclo MEE would come to the scheduled parenting time. 14, On March 24, 2015 at 6:30 pm., one day later, Plaintiff Mother was again instructed to bring nd WiIIEo EI restaurant for Defendant Father's parenting time. 15. Yet again, Plaintiff Mother violated this Court’s Order and failed to appear or otherwise bring the children for Defendant Father's parenting time, 16. Plaintiff Mother continues to place roadblocks in Defendant Father's relationship with his children, 17, Plaintiff Mother has full control of the parties’ childen and manipulates them accordingly. 18, While Plaintiff Mother indicates that she was “unable” to bring the children for Defendant Father's parenting time on Monday, March 23, 2015 and, presumably, Tuesday, March 24, 2015, she was able to bring Illfor the parenting time on Friday, March 20, 2015. 19. Plaintiff Mother is incapable of parenting her children and, instead, allows them to ‘thwart any parenting time arrangements made with Defendant Father. 20. Plaintiff Mother continues to violate the Court's Orders to the detriment of the parties’ minor children and should show cause as to why she should not be held in contempt of ‘Court for same. 21, Plaintiff Mother should be detained in jail since she is not following any of the Court's Orders and only contributing to the parenting time difficulties of Defendant Father. WHEREFORE, Defendant, OMER G. TSIMHONI, requests the following relief: A. For an Order to Show Cause why Plaintiff Mother should not be held in contempt for her violation of this Court's Order of March 23, 2015; B. For an Order compelling Plaintiff Mother to be detained in jail pursuant to the court’s previous Order; C. Foran award of atlomey fees and costs for having to bring this motion; D. _ Forsuch other relief as the Court deems just and appropriate. I DECLARE THAT THE STAT! IE BEST OF MY INFORMATION, KNO’ Dated: Marche, 2015 Respectfully submitted, ALEXANDER, EISENBERG, MIDDLEDITCH & SPILMAN, PLLC ‘adomey for Defendant 600 South Adams, Suite 100 Birmingham, MI 48009 (248) 358-8880 STATE OF MICHIGAN IN THE CIRCUIT COURT FOR THE COUNTY OF OAKLAND Case No. DBOOA- TU T4 Dy Honorable Lisa Gorcyca oe : —— . Isomvovw siwhon DEFENDANT PLAINTIFF aa ‘Ata session of said Court held in the ‘Courthouse in the City of Pontias, oon Oepage Sop af i aen ores Paes “he ice Gnds chee i Wok eavugle neti? TO Susperd “payvtunsiad smd @ Oye came. Sddviona\ Cvahnwione,y a = €Suoked_pck Aine. \neasane, 0A U-5-308. Plawnlhe Moto ser duinz Counse he. Cleo Diallo weasd “Revi “2, 20'S | May 109 Pacha pake Wa Gun Crea munca aches while ne is anseni~ _ (conn snc. - Approved as to form: Bitorney for Praintfh Hse esseeuseeee eee teeee esse cee ‘Attorney for Defendant LISA GORCYCA, Circuit Judge TS Mon ran (awww , Defendant Creme, 2OOG ae 149 D4 PAGE 2 OF ORDER Ane GR wy Meek with Whe Chuldvein ok Whe Cour house. “the GAL:

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