Jon & Kate

After the celebration, Jon came out to get some face time with his BFFs, the paps -- saying he and Kate made it "cordial" for the twins on their birthday ... and there's no way he'd be spending the night.

Probably a wise decision.

A person from a mysterious entertainment show ordered the cake Jon Gosselin is schlepping to the big birthday.

An intrepid TMZ reporter called the Cupcake Cafe in NYC. The owner told us she got several calls from "a person from "Entertainment Something," ordering the cake and asking permission to shoot inside the bakery when Jon came a callin'.

When Jon arrived at the shop he had his eye on the cupcakes -- thus the name, Cupcake Cafe. Jon was surprised to learn the person from "Entertainment Something" had already ordered a cake. The owner thinks Jon paid cash, but that begs the question -- did "Entertainment Something" ultimately foot the $94.00 bill?

We checked TV Guide but no "Entertainment Something" is listed. So we took a shot in the dark and contacted "Entertainment Tonight." The rep said her show absolutely did not pay for Jon's cake.

But when Jon got the cake, an entertainment show was inside the shop shooting the "action." We do not know if the crew from "Entertainment Something" was inside the store, but "Entertainment Tonight" was.

As we first reported, the wife of the judge in the case died yesterday and the scheduled hearing was postponed as a result. Now there's an arbitration conference set for the 13th in which the issues Kate's lawyer raised -- that Jon took $230,000 from the joint account without permission -- will be addressed. We're told the arbitrator has the power to issue an injunction, forcing Jon to return the loot.

Sources also say Jon's lawyer has filed legal papers squarely contesting Kate's claim, alleging she's the one who looted the account. Ultimately, the bank records will be the smoking gun, and Jon may have some trouble in that department.

We're told Jon has struck a deal with a TV show to allow it to film his kids' birthday party today -- this is the same Jon who doesn't want his kids filmed on "Kate Plus 8." To that, Kate's lawyer, Mark Momjian, tells TMZ "I've never seen a greater hallmark for hypocrisy personified."

Maybe that's an overstatement, but lately the nanny has been doing doo-doo duty.

We just got a pissed Papa Gosselin in NYC, where he actually whipped out his BlackBerry and read a new e-mail from Kate aloud -- one saying she refuses to see him and wants to limit his time with the kids on Thursday to only two hours.

Jon says the duo had originally planned to have a party together, but according to the e-mail, Kate now believes "Due to recent events, it'll be too stressful."

Jon called her demands "ridiculous," adding "I can stay as long as I want ... and I will."

Judge Arthur Tilson was supposed to decide today whether Jon would be ordered to return the $230,000 Kate says he took from their account.

Since the judge canceled the hearing because his wife died and won't be back until next week, Jon probably has seven glorious days to blow through the cash.

Kate's lawyers could go to another court, but the likelihood is another judge would not get in the middle of this mess. One source connected with the case says if Jon spends the money, the likely recourse for Kate is to dock Jon $230,000 when the assets of their marriage are finally divided up.

Of course, Jon could be a good boy and not spend the money he withdrew ... but how likely is that?

The hearing will be put off until at least next week.

Here's the problem -- as of now there isn't an order in place prohibiting Jon from spending the money he's taken out of the account without Kate's consent. It would seem her lawyers will go into court and get some kind of emergency order stopping Jon from spending the loot.

Stay tuned ...

Jon was rumored to be working on a show with Michael Lohan called "Divorced Dads" ... so if that means LiLo's dad won't be popping up soon on TV either, consider this the best news ever.

We just talked to Jon at LAX, where he straight up denied jacking the $230,000 Kate claims is missing from their joint account by saying, "I never took any money."

A judge is still mulling over whether or not Jon violated a court order in his divorce by allegedly making the massive withdrawals without getting Kate's consent first. We expect a decision tomorrow, after a court hearing.

Stay tuned ...

A decision by the judge is expected within days ... this assuming Jon doesn't blow all the money before then.
Stay tuned...

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Anyone wanna switch places?

There's a report out that the couple is saddled with a $720,000 mortgage on their $1.12 million house. There was talk that TLC bought the house for them outright but we've learned that is not true. TLC paid them a salary and that's it.

We're told Jon and Kate have established a trust fund for their kids and it's well into the 6 figures, but they have significant debt. They still haven't been able to sell their first house and they owe a mortgage on it.

The reality is ..."Jon & Kate Plus 8" is good for the 8 but Jon and Kate are kinda strapped.

It will be interesting if the judge lets Jon's lawyer, Mark Heller, on the call -- he's not licensed to practice in PA.

Stay tuned...

Kate Gosselin has filed legal papers in a Pennsylvania court this morning to force her estranged hubby Jon Gosselin to return the $230,000 he took out of their joint bank account ... and to have him cited for contempt for good measure.

Kate claims Jon raided their joint account, leaving her with only $1,000.

Kate's lawyer, Mark Momjian, tells TMZ he filed the papers this morning and noted to the judge that Jon allegedly violated an order prohibiting him from taking anything out of the account without Kate's sign-off.

Momjian claims Jon and his lawyer, Mark Heller, have harassed Kate with frivolous legal maneuvers and wants the judge to nail her estranged hubby with financial sanctions.

And there's this ... Heller, who is not a member of the Pennsylvania bar, is asking the judge for special permission to rep Jon in this case. Momjian says he filed papers opposing that move, on grounds Heller effectively lied to the court by failing to mention -- as he's required to do -- that he was suspended by the New York bar for a variety of misdeeds. Oops.

The judge has been asked to make a ruling, stat.

The father of eight showed off his latest additions at the unveiling of his signature milkshake at Millions of Milkshakes in West Hollywood on Saturday.

The Gosselin shake does not include benzoyl peroxide or Accutane.

Kate came out swinging on "Today" this morning, slamming Jon for clearing $230,000 out of the couple's joint bank account: "You've left your children and their mother unable to pay for the roof over their head. It's unacceptable."

As for Jon's claim the children don't want to do the show anymore, Kate says there was "wailing and sobbing" when she broke the news to 'em that filming has halted.

As TMZ previously reported, Kate's lawyers are going to court today to demand the return of the cash and a contempt citation against Jon. Stay tuned ...