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Found 15 results

  1. Hello! Do I have to show my state issued I.D. to law enforcement if I am not operating a motor vehicle, and not suspected of a crime? In other words, if I'm just "walking down the street" and a cop walks up and says give me your I.D. please, am I required by law to show it in West Virginia? Thank you, in advance, for any help!
  2. Assistance and direction desperately needed. Questions presented: (1) Each case that is similar to the one below is not "on point" and the requirement of documents proving gift is continuous. Does anyone know of a case that is "on point" to the one below? (2) Elements of a gift are: mental capacity, intent, delivery and acceptance. Does anyone have any suggestions on proving intent that is verbal, when delivery and acceptance are obvious? (3) Does anyone have any other suggestions; outside of relocating? Plaintiff: Blood sister, shall be known as Becky Defendant: Blood sister, shall be known as Annie. Legal Representative for Defendant: Legal Aide Attorney Individual Personal History (Becky): Estranged from her husband of about 20 years and their 2 children (under 18) reside with their father. Becky resides with her boyfriend of about 2 years. Becky has no current and very limited previous employment history. Individual Personal History (Annie): Single mom of 3 children, 2 (under 18) still living at home. She has worked most of her life but has been on disability for the past 5 years or so due to mental illness such as public anxiety and depression. Relationship History: Becky and Annie are blood sisters, having the same mother and father. Becky and Annie have had an "on and off" relationship over the years due to Becky's drug use. The sisters reconnected in 2015 after a falling out after the loss of their mother in 2011. It should be noted that Annie was extremely close to their mother while Becky rarely spoke to her. After the re-connection, in Annie's opinion the sisters grew closer. Civil Compliant: Becky claims that she had to sell the home to pay past due lot rent. Needs Annie and children out of home for new owners to take possession. Case History (Magistrate Court): Becky having bought several properties in the local area and presented Annie with a double-wide home as a gift. Bill of Sale (no title available) of home in Becky's name due to having to have paperwork done prior to the previous owners moving out of state. Bill of Sale stated home was $2,500. Double wide is located on rented lot. Becky eased all concerns of how the home was bought by assuring Annie it was bought with income tax that her husband still split with her. Becky told Annie that the reason for buying and giving her the home was to make up for all the bad things she (Becky) had done to her (Annie) over the years and for not being there as a sister should when they lost their mother. Becky also stated during the walk through of the home that she wanted to make sure that Annie's children who where still at home knew their mom would be okay when they enlisted after turning 18. Becky ensured Annie that land lease and bill of sale would be transferred immediately. Annie, who was currently renting a trailer, moved into the double wide about March 2016. Becky began putting off the changing of the lease and sale with excuse such as no time to get it changed etc. Around late Summer of 2016, Becky began changing the original agreement and began to demand repayment of money paid for home. Annie agreed via Facebook and Text messages (all saved) that she would repay the amount once it was put in writing and could only do so on a payment plan. Becky continued to changed the agreement depending on her mood. One day it was a gift (never actually stated that in writing) another she wanted repayment and yet another she didn't care either way. In November 2016, Becky stated (verbally) that payment of lot rent ($150) shall be made to her to ensure it was being paid and due to the fact the landowners were questions the fact that Becky was not living at the residence. Subletting is not allowed. Annie, believing that this may assisted in getting the papers changed into her name and still wanting to trust her sister began making payment to her. Unfortunately, no receipt was given to prove the payment was made to Becky insisted of directly to landowners. In February 2017, the landowner came to the home to inquire about the past due lot rent. Annie attempted to contact Becky but Becky had begun ignoring her calls and taking many trips out of country. Annie began attempting to get all the past due lot rent together. Middle of March, she had pulled together one month and found someone to loan the remaining amount. When she took it to the landowner she was informed that Becky had made good on payment but the following month could be made. Annie tried to call Becky and finally sent a message via Facebook letting her know what was going on. The responding message was that Annie had 2 weeks to vacate the home because Becky had sold it. Annie contacted legal aide. First hearing held Becky told multiple stories. Civil complaint stated she sold the home, she told judge she needed a place to live, then said she used the home as collateral for a loan. Becky also stated that the home was only a temporary solution because Annie did not have a place to live and was suppose to move somewhere North in June 2017 after both remaining children enlisted into the military. One child turned 18 in December 2016 the other turns 18 in April 2018. Due to the changing of her stories the judge postponed the hearing to give Annie additional time to find needed witnesses to the intent of a gift and to give the attorney additional time to research the case. Additional information and evidence: Next hearing August 3, 2017. Witnesses expected to be summoned. Landowners of rental property willing to testify that Annie can continue to reside on land and willing to assist Annie in locating original title from past records. Attorney has plans of appealing case and filing a stay should we lose due to the jurisdiction of ownership being not in magistrate court but in circuit court. Facebook and Text message do not show exact intent. One Facebook conversation states that Becky will be going soon to put land lease in Annie's name. Land lease requirements are that mobile home is in name of lease holder. Additional Text messages and Facebook conversation shows a "back and forth" of Becky changing agreement from gift (always careful not to actually say that word) to repaying of home to it being a temp solution.
  3. I moved into my grandmother's house last June to take care of her. During that time she informed me that I would be inheriting the house since I'm the only person in the family who was willing to help her. She ended up in a nursing home but before she was admitted she drew up a lease for her house in case anyone tries to throw me out and take the house from me when she's gone. She also appointed a property manager who is also on my lease to step in and act as landlord if something happened to her. My uncle is her POA and has decided that he wants me out of the house. On October 10 he broke into my house while I was out of town and changed all the locks and refused to let me get my stuff. There was also no eviction notice and no communication at all. A week before Thanksgiving we hired a locksmith and got back into the house. Then my uncle called and had my water shut off and told the water company that they could not turn my water on without his permission. When all of that finally died down and they realized I'm not stupid and I am not backing down. I figured that would finally be the end of it. I was wrong. June 5, I get served an eviction notice saying I owe 10 months of back rent. And my uncle didn't sign it. It was a hand typed eviction that had my name, address, and amount of past due rent, but absolutely nothing stating who was evicting me. The notice said I was to vacate the house July 2. I refused to leave because POA or not, my uncle is not my landlord. He also knows that I'm not even supposed to be paying rent as this house is being given to me. I have paid every penny of rent on time to the property manager. When my lease was signed, my uncle was not the POA. He became POA a month after the lease was signed. When he became POA he never bothered to notify me that he was now the POA, never made any attempt to inform me that my rent should be paid to him from now on, and never made any attempt to collect rent, but claims I owe 11 months of back rent. Then 3 weeks ago I spent the weekend with my bf out of town. My uncle tried to break into my house AGAIN. He couldn't get in because I changed the locks but this is a pattern. It never stops. So now I have a summons for an actual eviction hearing next week claiming the same exact thing. He still says I owe him 11 months of rent. He knows that I have paid every dime of rent on time to the property manager and it doesn't matter which of them I paid it to, the rent got paid and they both acting on her behalf, so no matter which one of them I pay the rent to it always goes to my grandma so that defeats the whole eviction battle. The only reason he would make a big deal about who I pay it to is because he plans on pocketing the money himself. And I know for a fact that he knows my rent was paid in full to the property manager because that manager is his brother. (My dad). Since they are both sons of my grandma the POA shouldn't nullify the lease or require me to pay my rent to him, when his brother is listed in the lease as the acting landlord once my grandma can no longer do it. They both have legal grounds to act on her behalf so it shouldn't matter which of them it was paid to. What do I do? I have receipts showing the rent was paid to the property manager, the lease that shows it went into effect a month before the POA was filed, and a statement from the property manager that confirms the POA knew the rent was paid on time months before he started the eviction. I don't know what else to do. This just never stops. If I bring in the pay or quit notice that shows it wasn't valid because he didn't sign it, does that dismiss the eviction or make him have to start it over? Since the pay or quit notice has to be given before the court ordered eviction process can start, and the pay or quit notice was invalid, the hearing should be cancelled since technically the first step hasn't been completed yet. I'm lost. My biggest question is, can the POA evict me if there is an appointed property manager listed in the lease and is also the owner's son? And can the POA evict me for not paying my rent to him if he never made any attempt to notify me that he was taking over as landlord and also never made any attempt the collect rent for the entire time I have lived here? How am I supposed to pay my rent to him if I didn't know that he is the new POA and is taking over as landlord when he won't even talk to me? This is retaliation plan and simple. This isn't the first time he's violated the law illegally evicted me, but it needs to be the last. They are never going to stop until they get the house from me. Can he still win and kick me out after I prove that my rent was in fact paid in full and on time?
  4. Before I met my husband he had 4 children who he and his former wife lost rights to. Complete termination of parental rights. We have considered ting to have his rights reinstated, but they were adopted withing weeks of being removed. Also, there is the legal cost, and it has 5 years, 5 years were his children have been with new parents, attempting to rip them away from that could be more harm than good. When we moved in together my children were 1, 6 and 7 years old we were both going threw divorces. We are married now and my kids are now 5, 10 and 11 and he is the only dad they know. My question is, is there anyway to make is possible for him to legally adopt my children, so if something happens to me they can stay with the patent they know and love? My childens biological father, my ex husband, died in 2015 (heroin), and neither set of bio grandparents are capable of taking 3 children if something happens to me. On anouther note, my husband mother passed this year leaving to young children, 11 and 9, we tried to get them but we're he has the termination against him we couldn't. That's when I found out he couldn't adopt our children. I know the circumstances surrounding his case, not only from him, but from his family, aquantances and teachers. It was a s*** show from start to finish, no abuse, no drugs, hoop after hoop and the rights were cut in less than a year. The children were "adoptable". I had doubts about the "adoptable" part until his siblings were removed from their mom, I was asked by 3 separate workers if those two children were "adoptable" But I'm off on a tangent, I appologize. My main and only question is there a way to make it possible for my husband to legally gain rights to my children? Also with being married and him as the step-dad can CPS remove my children from my custody? If being with him means I could loose my kids I would have to leave. I would never risk loosing my children, no matter how much I love him.
  5. Question: I am currently an officer on the Executive Board of one of our local non-profit organizations. Recently we have had to discipline one of our members who we feel has broke our Constitution/By-Laws. We have granted him a right to appeal the decision as it is allowed before our Executive Board. My question is that since we follow the Roberts Rule of Order when something is specifically not spelled out in our By-Laws, do we have to allow him to bring his attorney and court recorder to the meeting since they are not members. Reading Roberts Rules, it is my understanding that we do not. Can someone help me on this.
  6. Recently signed up back in march for planet fitness. My annual dues were due Sunday may 1st. So last week i tried to make a payment with a credit card and it never seemed to process as i kept checking back to make sure they got their money. On Sunday i checked in to see if they had received that $41.34. It had not processed and their was this disclaimer that this club only allows eft payments. So i once again made a payment thus trying to make sure they were paid on time so i didn't have any extra fees. This week they have kept both the credit card payment of $41.34 and the eft payment of $41.34. When i contacted them about the over payment the rep (rick) was not only rude but blamed the whole thing on me and told me to contact my bank. First off i was trying to make sure my account was in good standing right away. Secondly nowhere in my contract does it state they are allowed to keep over payments and the due date explicitly states they are billing $41.34 on may 1st as well as $21.19 the 17'th of each month. A lot of us live paycheck to paycheck and a extra $41.34 dollar hit is not something i can afford. My question is how do i proceed to rip them a new one. Customer service when a client is trying to pay a head of time should be their top priority. Not one call back from the company and i believe the rep i talked to when i called them blew smoke just to get me off the phone. I keep checking my account and taking screenshots to maintain a chain of evidence. Not only do i want to cancel the contract as they broke the contract by taking funds they were not entitled to under the contract. I want a refund plus interest! Maybe even some stress money as now i have no clue how to pay other bills and the late fees associated with them! Plus i have a child to support here at home. When he asks for a dollar or two and i tell him no because it was stolen. Theft is defined by keeping something you are not entitled to. My other fees were not due as of this week!!!
  7. Do dentists have a right to deny you service in an emergency or urgent care situation? My gums started to swell and my regular dentist was not open on that day. I called around and got an emergency number. I informed them of my situation and then they ask me what insurance I have. I told them I have two dental plans and one of the plans they told they did not accept and when I tried to explain I have another dental plan where there are no networks and I can go to any dentist that I want she told me they still could not see me. I finally found a dentist on that day but because of the extreme stress they put me thru, this dentist was unable to pull my tooth because now my blood pressure is too high and now I have to be on medications to lower that down before I can get my tooth pulled. When you are in an emergency situation, all dental insurance is billed in network and so to even ask what insurance I have to me makes no sense and to deny someone access in an emergency situation should not be legal to do.
  8. I was recently terminated from a job. The reason stated was "It's just not working out." I asked the employer for a written statement as to why I am being dismissed. He said, "It's just not working out. That's all it would say." I explained that I needed the letter to get assistance while looking for a job. He said, "I don't have to write a letter." I spoke with the foodstamp office who informed me that I needed a letter from my former employer stating the last day I worked. I called the employer and asked again, stating what I had found. Again he said, "I don't have to write a letter." So, my question is does he have to write a letter and how do I compel him to do so?
  9. The reason for my question is that my oldest brother and my youngest brother got into a fight and my oldest brother had charges put against my youngest brother even though my oldest brother started and my youngest brother did ever thing he could to not fight him. My youngest brother is on probation so that is y he didn't want to fight him and plus it was his brother. Well my youngest brother is in jail they have not revoked his probation yet but he can not get out on bond . we have had two preliminary hearing and they have been continued . My oldest brother has already meet with the state and told them what he wanted but now he wants to drop everything cause of the grief he has brought to the family and pulse he has realized that he was the problem . Can the charges be dropped even if he has already made a statement and all. Thank you Rose Barron
  10. I am a WV resident and had a local HVAC company come to my residence and perform a service call on my furnace which had stopped working. The HVAC technician told my spouse that that a gas valve needed to be replaced and it would cost between $700-$800. My spouse told the technician that we were not going to spend that amount of money on a furnace that was 13 plus years old and we had spent around $350 the previous year for a separate repair and would instead pursue buying a new furnace. The technician rechecked the manufacture date on the defective part and told us that it was manufactured in 2013and that the part was still under a manufacture warranty (part was warranted for 5 years) and we would only have to pay for the service call plus installation which would total around $200-$300. We agreed to have the repair done under this provision. One week later, a different technician came to our residence and performed the repair. He handed my spouse a bill for $607.38. She immediately disputed the charge and told the technician the part was supposed to be under warranty and we only supposed to be paying for a service charge plus installation. He annotated this on the bill and stated a manager would be in contact with us. We were never asked if we wanted the repair done if the part was not under warranty or told that the part was not under warranty prior to the installation. The next day manager called and told the part was not under warranty and the bill stood. My wife told the manager what she was told by the technician and the response we got was that she (the manager) would ask the technician about it. A couple hours later the manager called back and said the technician denied stating the part was under warranty which was a total lie. The manager offered to have the part removed but if I purchased a new furnace thru their company they would return the part and I would receive full credit for the bill ($0 balance). I had their company give me a quote for a new furnace which was $800-$1000 more than the quote I received from a competitor. Approximately three weeks later, I made the decision to go with the competitor. I called the HVAC company and left a message for the manager. She returned my call and I informed her of my decision and that the decision was based upon this whole ordeal that I didn’t feel comfortable with their honesty in making a major purchase. I offered to return the part and pay for two service calls; she refused and stated she could not accept a return of the part unless I purchased a new furnace thru her company. I asked her why buying a furnace was a condition of returning the part and never got a straight answer. The call ended with no resolution to this bill and I feel like this was misleading tactic to force me into a position to buy an overpriced furnace. What legal recourse if any do I have?
  11. My husband was arrested a few months back on an assault case, the only thing is there where two other people involved, the other two where never arrested, even after going in and making their statements. My husband does not have a criminal record where one of the people involved in a multiple time felon and the other was the only real witness. The arresting officer was a State Trooper that informed my husband the main reason why he was arrested and the others weren't was because he heard from someone that my husband had called him a pig, which my husband had never said at all. The Felon had violated his parole many times, after this assault and his parole officer knew of this but did nothing such as getting into fights aside from this case and the witness at the first pretrial admitted to lying to the cops. The State Trooper only has these two witnesses other than the victim who has stated that the other guy, the felon, was also there and had been the one to actually hit him multiple times, not my husband, then has changed his story to say my husband was the only one there a few weeks later. I am wondering was there any right to solely arrest my husband when they knew two others where involved and had statements from the victim of the other presents at the crime scene, especially when one is a felon who violated parole? Also since this trooper admitted to my husband that he only arrested him due to the fact he heard from a different person that my husband had called him a pig, is this not prejudicial considering all three would have committed the crime and should have been arrested?
  12. I have been separated from my wife 18 months. We have not filed any separation papers or divorce papers just living apart. Can we file separately and I still itemize on my taxes while she takes the standard deduction? If not who will the IRS penalize? The one who itemizes or the one who takes standard deduction? We live in west Virginia.
  13. If you are a Technologist employed in a hospital, and work 16 hour shifts - is there a required break time or dinner time? I work both 8 hr and 16 hr shifts.
  14. I'm looking for a place to start researching the search and seizure laws for West Virginia high school students. What are the rights of the student? Who can order the search? Who can conduct the search? And when and where can the search be conducted? What is the expectation of privacy of the student's person and belongings? Under what circumstances is a search considered unreasonable? Harassment? What recourse do parents have in the school system? In the courts?
  15. Is there a law in wv that a car lot that does temporary tags and title work has to be open at least 6 hours a day during the week?