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Found 100 results

  1. I was hire March of 2002, with the help of The Division of Vocational Rehabilitation. I have been a Door Greeter for those 14 years, back in July of 2016 I was inform that the requirements for my job were changing and there were no other positions that i qualify for so i was forced to resign. one year later i was asked to come back with my same disability. and hire as a host , which was the same job with just a new name. two months after being hire i was told again that the job requirements, had just changed again and it would require me to have my Doctor fill out given forms.. After receiving the return of these doc's from my, doctor i am told that i have 30 days to get a transfer to another store or i will be let go.
  2. My community has a 501c3 status Club. We raise money for our community and the needy. We have worked very hard and our membership is growing. We would like to have a celebration for our members (which no one gets paid). We raise about $24,000.00 each year. How much is an acceptable amount to spend. Currently we have 40 members and those members also pay 15.00 dues. We would like to have an end of the year celebration and a Summer Celebration. Is $2000.00 to much? I can not find any rules on this at all. Thank you
  3. Sooo, the situation is my ex and I got a apartment together back in 2013. My ex decideds that he didn’t want to pay the rent anymore after 6 or 7 months of living there although he still wanted to stay in the apartment. At the time I was a full time student and worker and didn’t have the income to cover everything. Both names were on the lease, I decided when he went back on the road (he was a trucker) that I would go sign the voluntary Lease Termination.. which he later signed when he came home to an empty apartment (all of my things.. which was everything). I have all of the paperwork (lease and termination papers). He is NOT cooperating at all with the repayment which is why it has been turned over to a collections agency. I have proof of my attempts to collect ... can someone give me some advice on what my options are to rid this off of my credit and how to get him to pay his portion?
  4. Ok so ive been with my GF about 2 and a half years now when we 1st got together she had a Son who was almost 1 at the time.Said child is now 3.Since the Child was born the dad took off to georgia knowing she was pregnant with his child.The guys dad is litteraly our next door neighbor so he can't act like he didn't know he had a son..So No contact from him for 3 years at all he don't even know this kids Middle Name..Ive been the Sole Provider for all 4 of us for 2 years now never once heard from Said Father.So 0 Contact in 3 years he knows our number he could of tryed at anytime never cared too.So about 3 or 4 months ago My kids and her are on Medicaid so the state picked up the case and basically forced us to take out child support on him.Keep in mind he not on the birth certificate either.So he gets the letter in the mail saying they takeing him to court for child support he decides to give us a call after 3 Years! Mad about child support and scared of going to jail.So he starts threats saying if he has to pay child support he will fight us in court and fight for custody of a kid he never seen or cared for...Then about 2 weeks ago they finnaly go to court over it and he agrees to pay child support they offer him a hearing he deny it..Calls us after court says aslong as we send all his money back to him assoon as we get it he won't fight us in court as long as he gets his childsupport back every month..How should we go about this? Should we give him his money back every month to not have to deal with it? Or are we just feeding him more money to fight us in court?? i need advise bad cause this 3 year old boy has no idea who this guy is and he extremely shy.He won't react good to being with this guy who has made it clear as day he don't care about nothing but money..We tryed to terminate his rights he agreed to it they wouldnt let us do it! Need advise please!
  5. *DISCLAIMER* Before you read my topic and thank you so kindly for taking the time to read it. There needs to be some clarifcation of understanding what this woman is capable. Please refrain from the stereotypes of the poor woman, helpless because she is n fact absolutely not. She has abused government assistance since the age of 14 , at her first pregnancy. She has 2 children, with her mothers. sisters. son. She lies, and unfortunately proclaims the name of Jesus and being a God fearing woman. I have never met a scarier sociopathic narcissist. *END DISCLAIMER* Try to make make this brief as much as I can.... My estranged wife and I have been separated since 6/04/15 and she filed a protective order for domestic violence back then. She didn't show up to court and it was dismissed, (While waiting for that to happen I wasn't allowed to see my boys and I was forced to be allotted a mere 1 hr visit on Sundays at a visitation station that is supervised. I filed for custody and fast forward to February of 2017 the case went to trial and was finally over and a custody agreement was set into place. It has always been high conflict and communication has been kept to a minimum as much as possible because she is so toxic and I don't want that in my life. Beisdes the fact that she has violated the custody agreement on a plethora of occasions. Examples: Doesn't provide me with medical info on injuries, appointments, surgeries until after the fact or if she needs me to take them to the appointment for whatever reason she refuses to disclose her side. Refused to let me have them for my 8 hours on fathers day and refused to acknowledge my texts the night before informing her that I would be there to pick my sons up. Her immediate family was there, along with other children but her and my sons were just gone and no one would tell me where (They recently testified in court that they told me she was at church and I was nearly 2 hours late to picking them up. Then 1 month ago, on the day I am to pick them up, exactly 67 minutes prior to me seeing them, she leaves me a voicemail and says, I can't come to pick them up and she will notify me when I can, and she filed an ex parte restraining order and lied about nearly everything on it, or referenced things from 5 years ago, but didn't put the dates on those sections. I figured this out, turned my self in, nearly lost my job because of it. So we get to court we are both represented pro se for this hearing. She gets held in contempt (finally, she had been warned 7 times, and in our custody trial she was almost held in contempt as well for violation of the visitation order. So she goes to jail for that, I get my kids on their 3rd birthday and first one with me. When I got home I did research and found that she had been arrested on a weekend that she had the boys, that was never told to me, I don't know who was watching my kids, but shouldn't it have been me???? She also accrued a charge for NC school attendance from one of her other children never going to school. So I feel like I have very strong case to become the primary for physical custody. When do I give her the boys back? I honestly don't want to, until after the show cause is heard because one of my boys is being abused i'm afraid, I am still working on gathering evidence before allegations but her family keeps close ties on anything getting out and its all hush hush. S I am also fearful that her mental health is now a bigger concern, since shes in all of this legal trouble and with no job, that's too much instability for someone who has undergone Electro Shock Therapy There is more to tell, but feel like my situation is so unique and I can't afford a legal consul or retainer for this and I need an answer or any advice ASAP. Thank you again
  6. So, we purchased property in the mountains with a tree topped view. Trees are on our side of neighbors fence which was already existing. Not certain on the exact property boundaries however, the neighbor claims that there fence is 10 ft or more away from the boundary, inside of their property. Now, the aforementioned pine trees that had been topped at the time of purchase, which are 8 to 12ft from neighboring fence on my side, these trees have now grown their tops back & obstructed our beautiful Blue Ridge mountain views. I've spoken with the neighbor lady who basically said the trees weree on their property and the fence did not represent the boundary line, although there is no updated survey to say definitively, and their trees were not to be trimmed. In two weeks I'm walking down there with two other fellow Iraq war veterans, chainsaw blades sharpened, and everything to my side of the fence will be clipped. My question is this: Short of a survey, what "legal" recourses are inherent to each parties interests after this occurs?
  7. Does a person need an attorney to petition for a commission in North Carolina? Where can I find the paperwork to complete this process?
  8. I am wondering if anyone could help me down the right path. My situation is the following: I have primary legal and physical custody of my daughter, who has been a NC resident since Dec 2013. My mother has visitation of her. Quite extensive visitations. My mother resides in Perry County, Pennsylvania. I am the spouse of an Active Duty Service Member on OVERSEAS orders. Nowhere in the custody documentation is relocation mentioned. However, I was going to do the right thing and inform her as this would affect her visitation schedule. Custody and visitation orders were written in Perry County, Pennsylvania. My daughter, 13 y/o, has asked me not to inform her grandmother until the absolute last minute because she fears repercussions on a situation she has no control over. My daughter is beyond excited to finally see the world and experience the whole "military brat" aspect of her life. (We've been more than accommodating in trying to stateside and close by.) My questions are as follows: If my mother objects to this relocation, does she have to go through PA or NC? Will a judge force me to stay behind in the states while my husband moves overseas? Is a simple notarized letter sufficient for notification? Any help or guidance would be GREATLY appreciated. Thank you and God bless!
  9. I don't know what option I should choose? My first cousin had a baby who was placed with me at 3 days old (she is now 11 months) and court is scheduled for Monday September 11,2017. DSS plans on giving me guardianship that day because I told them that is what I wanted being the mother is a relative I don't plan on keeping the fact I'm not her biological mother from her to prevent any heartbreak if it were to come out and I had kept it from her. My problem is I am concerned if guardianship is the right thing or if adoption would be better I have never been through this process and would like the input of anyone who has or knows more about it before Monday comes and goes. I know some responses may be ask your social worker but I don't have 100% faith in them and believe they may try to push me towards an option that is best for their job and not the baby and I. Please Help!!!
  10. I live in NC and have a tenant that is very particular about a lot of things records every detail of everything that happens and keeps very detailed records. The tenant tends to run off other good tenants, and maintenance people because the tenant is hard to deal with and complains about a lot of things often. It is very frustrating as a landlord. The tenant does everything by the book and I feel like I am being played. She has asked repeatedly to renew the lease under the same conditions. I am very good to my tenants, respectful, make quick repairs, and maintain the property as best as I can even though it is an older property. Question is: The lease expired last month after a year and I need to make repairs on the unit. Can I just give a 30 day notice to terminate the lease even though the lease expired a month ago or can I terminate the lease at anytime as long as it's before the 1st of the month and a full 30 days; what are my options?
  11. I recently had plumbing work done and when I received the bill for service, in my opinion I feel that I was overcharged for hours it took to complete the job. The workers came at 8:30, left for lunch at 12. Came back at 1 and finished at 4. I called the plumber to discuss the supposed error in hours(7.5) and I felt it should have been 6.5. He said that I was being charged for the 30 minutes prior to getting to my home so workers could load the truck and the hour they took for lunch. Is it legal to charge someone for services not provided before they actually work at your home and can one be charged for the lunch hour taken by workers? Thanks
  12. I had to get out of my recent lease and break the contract. The one problem I'm having is that I never once received a statement to what I owe and asked numerous times for the last three months to send it to my new physical address. I never received it, but recently had a phone call from collections on it. I broke the lease because my mother has seizures and asthma and almost fell from the third floor to the second floor after the fact I asked them to move me numerous times and the main office to the apartment complex simply ignored me. Due to the medical issues with my mother I had no choice but to leave. I gave them a 30 day notice I was moving out of the apartment. They still never responded to me with anything. Is there anyway I can get out of paying partial of this contract due to the fact it was medically related to my mothers health which she also happens to be on the lease as well. Also, the people below me were smoking weed and I'm allergic to it. I was having a hard time breathing and the apartment complex didn't want to do anything about it. They made it a issue for me to call the cops when it happens. Understandable but they not the ones who have to live around those people. It was me and my disabled mother. I need any advice on this would help and if state forms need to be filled out and signed by a medical doctor. Which ones apply? Are should I get a lawyer for the matter? Appreciate any of your information on this. Thank you in advance!
  13. What is the legal definition of gross negligence in personal injury cases?
  14. Our employer docked pay from salary pay without any notice, is that legal? What do I do if it is not legal? Also, he failed to mail checks and paystubs by the payday. He did not mail them til 4 days after we would have normally received our pay. Since we have since moved we could not go to the business to claim our checks. Is there anything we can do about it?
  15. The property where I live is in my mothers name, and she lives in another town with her husband. I have lived here rent free (at her request) for 10 years. I am 43 and disabled and recieve small disability check. The utilities are in my name and I pay all other bills also. Just no rent. So am I considered a tenant? And do I have any rights as to protection from unfair and false attempts to make me move out?
  16. What if a person is arrested with a certain amount of marijuana but they're charged with more than they actually had?
  17. If a developer purchases an established community from a foreclosure bank and the community is still abiding to the original HOA and CC&R is the developer accountable to these same CC&R's on his end?
  18. I was recently awarded a vehicle that I have a mechanics lien against from an insolvent estate. I had to go through the entire process including filing a claim, filing for a hearing, hiring an attorney, etc. The car that I was awarded as payment for services rendered has a lien by a large bank. Since the bank never filed any claim against the estate for the lien does that still allow them to demand payment of the amount owed before I can obtain the title? If so what suggestions might someone have concerning on what to do next?
  19. I work from home as a Customer Service Representative for a well known company. I have a Company issued laptop and connect remotely to the companies VPN. I know that the phone calls between my Customers and I are monitored and recorded for "training purposes" but my question is can the company legally listen to/record me/my personal conversations through the laptops microphone/webcam as well? For instance if I'm NOT talking to a Customer using the softphone that is also provided by the employer, can the employer legally listen to my personal conversations with Family and Friends through the microphone/webcam on the laptop? I work a normal 10-12 hour schedule and get paid by the hour but I do have some down time in between calls and therefore am able to hold conversations with Family/Friends that are present in my home while waiting for the next call to come in. Thank you!
  20. Hi guys, My questions are about an easement to a house I purchased in North Carolina in July 2016. I am the serviant/burdened estate in the easement. First, the following are quotes taken verbatim from the easement document that provide background for my questions: "non-exclusive, perpetual easement for purposes of ingress and easement." Further quoting from the easement document: "[Original Owner/Serviant Estate], heirs and assigns, shall retain absolute ownership of said property and shall enjoy all rights of ownership." "[Dominant Estate Owner], heirs and assigns, to the extent possible, shall refrain from damaging or injuring the above described property." "...easement is appurtenant to and runs with the lands..." - i.e. this is an appurtenant easement and transfers with the sale of land. Based on the non-exclusive, perpetual and appurtenant language in the easement, I concluded this is an iron-clad agreement. However, I also researched online that if an easement is causing an undue burden on the serviant estate, it may be dissolved. Below are the details of my specific case which I hope make this an undue burden and some other interesting factors that I have not been able to find an answer to online: My property (serviant estate) has a fence, greenhouse, bushes, and trees all along the easement, which runs on the entire right-side of my house, from the street to the end of my fenced in yard. The fence, greenhouse, bushes and trees in the easement have all been there before I purchased the house in July: the greenhouse is inside the fence and was built 8 years ago; the fence has been there for about 15 years; the trees and bushes were there since before the beginning of the easement, signed on April 15th, 1998. The dominant estate is a landlocked house and the easement grants access to the road. Due to the trees, bushes, fence and greenhouse, only walking access is an option, as there is not enough space for a car. The easement is NOT an easement of necessity for the dominant estate, nor is it an easement of convenience: the most convenient path from the landlocked house to the street is through my neighbor's property - my neighbor has a driveway on the side of his house that borders my property/easement and goes from the road straight back to the landlocked house. In sum, the landlocked house is directly behind my neighbor's house but has an easement with me instead, which is not logical. My neighbor's driveway is the most direct route to the road, but my neighbor refuses to let the lady living in the landlocked house access his property because he is worried that doing so would create an implied easement between him and the landlocked house. When I purchased my house, the seller and my closing attorney both said in separate conversations with me that the easement will not be an issue, as it has not been enforced in years and the seller had no issues whatsoever. Since then, I have found out that the seller lied and was asked by the landlocked house lady (dominant estate) to take down the fence at time of purchase 8 years ago, but never complied. What makes this really interesting is that the closing attorney the seller used at time of purchase was the SAME closing attorney I used in July! I chose to overlook the easement at time of purchase because of the conversations with my attorney and the seller. Since my purchase, the landlocked lady has gotten an attorney to send a request letter to take down the obstructions. Also, my neighbor (owner of property with the driveway that has the most direct path from road to the landlocked house) is an elderly man who is cared for by two renters. The renters, upon finding out about the easement, freaked out that the lady in the landlocked house would walk on my neighbor's property, creating an implied easement, so they started cutting my bushes on the easement, which is illegal because it is my property. I had to call the police, and while the officer agreed with me and told the renters to stop immediately, there was still considerable damage done to the bushes. I have two dogs and they now constantly bark at my neighbors when they are in the yard because most of the bushes are gone and the fence is chain link, so it doesn't give a lot of privacy. I want to terminate the easement so that I can plant a row of tall bushes outside my fence (but still inside my property) and get my privacy back. I feel like a large part of my property cannot be used for anything - I want to update the fence as it needs repairs, build out the greenhouse, add bushes on the side, but nothing can be done with peace of mind given the easement. It would be a material depreciation of the value of the house and enjoyment of my yard/property if I was forced to take down my bushes/trees, fence and greenhouse. It is already a major burden to not feel like I can do anything to the entire right side of my property. Is this a reasonable argument for undue burden, especially given that the easement is not necessary and there is a much more convenient direct path to the road for the landlocked house to go through (my neighbor's property)? Also, is the fact that the fence was built 15+ years prior to my purchase and has not been officially protested in court another argument for undue burden - i.e., I purchased my house under the assumption that these features are mine and there to stay, and the price and appraisal value of the house reflects that. Additionally, the landlocked house (dominant estate) burned down in 2003. I was told by a neighbor that it was allowed to be rebuilt only because the foundation was intact and was used to rebuild the house on. Was this legal and does this have an impact on the easement? I cannot find an answer to this anywhere. To make matters even more interesting, the dominant/landlocked estate has a deck that also encroaches on the easement. Do I have the right to say that the deck should come down since it is on my property and the easement is purely for ingress and egress? While I have no intention of doing this, if I am further pressured to take down my fence I would like to understand if this is a valid recourse. Lastly, what would the ramifications be if I were to plant tall bushes outside of my fence without first dissolving the easement? Understanding that the dominant estate can sue me to take them down, the dominant estate is nonetheless not allowed to physically take anything down on my property since the materials belong to me, correct? Thank you in advance for your help and guidance! I would really appreciate any suggested next steps from the pros
  21. In North Carolina, it is a requirement that the divorcing parties remain separated one year prior to the divorce becoming final. Is there a way around this requirement? Meaning, if both parties sign an affidavit stating that they have lived apart for a year, will that affidavit suffice for the Court?
  22. I am starting an online personal training business and have a few questions about liability. In my past personal training positions, we have had every client fill out a liability waiver. I understand that this is to protect the trainer but that we are not protected if our client is injured because we are negligent. I would of course like to have a liability waiver, even if I am just providing them their training programs online, so that they understand the risks of any workout program. If you could help me answer the following questions, that would be greatly appreciated! Do I need a lawyer to look over and approve a liability waiver in order for it to be valid? Do I need to have liability insurance as well? How does the online aspects of training change things - if I am not physically there to correct form/add weight/spot, am I more or less responsible if they get injured? Thank you!
  23. I have been falsely accused by my child, 12 yrs. old, and the family law judge gave custody to my spouse with only 10 hrs/month of supervised visitation for me, even though I had 50/50 joint custody time and decision making, and took my dog away and gave it to my child. In addition I was required to give up personal possesions, pay for costs and more. The judge did everything they could do to me. I have not been charged criminally and it has been 7 months since my ex took my child to press charges against me. I add that this was the only incident of accused abuse and that my ex had tried 3 yrs. previously to gain custody through their lawyer. I was restraining my abusive child that intended to cause me bodily harm through hitting(20+ times), kicking, and trying to headbutt and bite me because I took away video games since I told the child it was time to go to bed, approx. 10 pm,, and the child refused. What my child did was then accuse me of strangling and all or any proof was just hearsay since the child wasn't in attendance at the hearing. Basically it was my childs word against mine since we were the only two in the house. Recently I have observed that my child has changed the details of what occured in my favor. I also know that my ex has put my child on medication for a mental condition that doesn't exist and had done the same 3 yrs. earlier when they, my ex, broke our parenting agreement while they tried to gain full custody. What I would like to know is what happens from here regarding the courts(NC) since my ex only has a temporary order. Is this order limited in time and if it is then what occurs after this time limit? I want to know how I can get more "supervised" time which I have requested and been denied by my ex, I don't want unsupervised time because all my child has to do is accuse me again. I would like to know if my ex has the right to give my child medication without my consent. I want to know I how to proceed regarding alienation of affection. I do have legal representation at this time but I am looking for a second opinion. Thank you for your input.
  24. I gave my stepmom lifetime right to live in home under certain circumstances. She was not to have a specific person on property whatsoever. She sign a paper and we had it notozied, Can I have her evicted
  25. My mother died intestate a year ago. She lived in North Carolina. The Clerk of Courts in her county tells me that the only way to get Letters of Administration/Testamentary to begin the probate process is to apply jointly with my sister, the other heir. We are the only two children, and she divorced from our father years ago, did not remarry, and he passed away a few years back. My sister refuses to apply, and has done everything she can to prevent us from moving forward. My mother has a retirement account that goes to her estate, a home that is not paid for that is now headed into foreclosure, and two vehicles, one vehicle had been paid off before her death and the other was cleared by her life insurance. What can I do to begin the probate process and get the estate settled, house, vehicles and funds in accounts, and creditors handled if my sister will not apply for the administration and/or testamentary? Are there any deadlines? What will happen to all of my mother's assets? I thought about trying to file a Motion for Court Ordered Mediation, or Motion to Dispense with Mediation, but the Clerk of Courts in the county that she lived in says that the Clerk will not accept any motion with out an attorney. However, according to the form, which is available on the http://www.nccourts.org website, there is no requirement for an attorney to file this form. I am spinning my wheels, and I am afraid that there may be some deadline that I'm not aware of, and we'll lose everything. Please help!