TN - Gail Nowacki Palmgren, 44, Signal Mountain, 30 April 2011 - #6

[ThoughtFox]

Davis says utilities have been turned off at 1 property. "He makes the business decisions." Says utilities don't add up to ex parte.

Davis says 5 days before Gail Palmgren sent a cashier's check to sister for $17,000. Says it was Gail removing "marital assets".

(From me: I hate to say I told you so, but there it is - marital assets - I knew they would say that even if it is Gail's own money!)

Davis says Gail was under severe stress. Says she was paranoid about being followed. Says she chose to leave

 

[ThoughtFox]

Davis: Only allegations they have about dissipating assets is Gail moving things around

(Me: in other words, blame Gail if things are missing :banghead: )

Davis says Matthew Palmgren is under financial stress and looking for work. Says kids in good care, presents report cards to judge.

 

[fran]

I'll wait until the hearing is over to make my comment that's burning my fingertips!

:maddening:
fran

 

[fran]

GP's family's attorney is addressing the court!

 

[ThoughtFox]

calliestarnes Callie Starnes
by WRCBPalmgren
Lee Davis seems frustrated and annoyed by the order. "Respectfully we are asking for this be dissolved." #missingmom

3 minutes ago johnmadewellNC9 JohnMadewell
#Chanews Davis: "Unbelievable" Gail Palmgren's atty didn't acknowledge she sent $17K to sister 5 days before going missing

 

[ThoughtFox]

calliestarnes Callie Starnes
Theresa Critchfield now addressing judge. "I think he's (Lee Davis) confusing the issues in the media and my presentings."

Critchfield sighting (sp-"citing") law saying she wasn't mandated to contact Matthew Palmgren's attorneys.

Diane Nichols & Kevin Nowacki (Gail's siblings) planned to be here for hearing on July 11th, not here for emergency hearing

Critchfield says she's willing to strike counseling paragraph from order, but not the rest

 

[ThoughtFox]

Critchfield: "I don't understand why Mr. Palmgren objects to any of the provisions."

Davis says if order stands Matthew Palmgren can't take kids to lake house. "That's where they go to get away from media."

Chancellor dissolves temp restraining order.


johnmadewellNC9 JohnMadewell
#Palmgren Davis: order is not "benign". Chancellor Brown just dissolved ex parte order he issued.

 

[fran]

What does that mean? The Chancellor dissolved the restraining order.

Is it for everything in the filing or part?

fran

 

[ThoughtFox]

Wow. Just . . .

calliestarnes Callie Starnes
Chancellor Frank Brown says legal guidelines weren't met by attorneys representing Gail Palmgren's siblings. "This is not a divorce case."

 

[confused]

Chancellor Frank Brown says legal guidelines weren't met by attorneys representing Gail Palmgren's siblings. "This is not a divorce case." 35 seconds ago · reply · retweet · favorite


Chancellor dissolves temp restraining order.


http://www.wrcbtv.com/Global/category.asp?C=211278

 

[Columbo]

This whole bit about accessing the retirement funds has bothered me from the beginning. They are both younger than the required age and would have to be their last resort in funds, imo. Unless someone got their meanings of funds mix up or misunderstood altogether. ??

The tax penalty for withdrawing IRA funds is substantial--Matt must have given Gail a pretty compelling reason for doing this.

 

[ThoughtFox]

The tax penalty for withdrawing IRA funds is substantial--Matt must have given Gail a pretty compelling reason for doing this.

That's what I think, too.

 

[hollyblue]

Seems to me the wheels of justice for GP are in reverse, imo.

 

[ThoughtFox]

From Callie Starnes:

B/c relief in this case too similar to legal separation filed previous by Matthew Palmgren, future cases to be heard by other judge.

ETA: Opposing sides chat before leaving. Hearing over

 

[CatFancier]

I think he did have retirement funds, but didn't want to touch them.

My theory is that since Gail had lost her job and received a settlement, her funds were released into bank accounts, while he would have to pay a penalty to access his if he has a 401K or something like that.

He must have explained it to Gail that way in order to convince her to give him the money.

Maybe she thought he was using it for an investment or some home or car repair, then discovered that he was cheating, so her warning bells finally went off. Once she began to watch more closely, she realized he was taking out money every few days.

When an active employee is holding a 401(k), there are strict rules on withdrawals, regardless of penalty. The funds become available for any use, with penalties, depending on age, after employment is severed.

So, he can now access his...

 

[Columbo]

That's what I think, too.

btw--I meant withdrawing the funds early. (before age 70 -1/2?)

 

[Columbo]

When an active employee is holding a 401(k), there are strict rules on withdrawals, regardless of penalty. The funds become available for any use, with penalties, depending on age, after employment is severed.

So, he can now access his...

Thanks,jwpmoyer, I was wondering if there was a difference between IRA's and 401(k)'s as far as withdrawing funds.

 

[Columbo]

Seems to me the wheels of justice for GP are in reverse, imo.

I feel sick.

 

[ThoughtFox]

When an active employee is holding a 401(k), there are strict rules on withdrawals, regardless of penalty. The funds become available for any use, with penalties, depending on age, after employment is severed.

So, he can now access his...

Right, I know that because we have a 401K.

 

[ThoughtFox]

So as far as the hearing goes, I think it's what we were talking about yesterday ~ the siblings really can't dictate anything about marital assets, property, or the children. According to the law, Gail is still "alive" right now and still married to MP, and she is their next of kin not her siblings, and that's why the Chancellor said "this isn't a divorce case" (although technically it is, and he even mentioned MP's filing for separation).

Oy, what a mess!