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Everything posted by ElleMD

  1. Something doesn't add up here. A "deferred sentence" only "comes off" your record once ALL the terms of your probation are complete and your fines have been paid. It sounds like yours have not? If so, it is still a "conviction" on your record and fair game. If your probation is entirely complete and ALL fines paid (and 10 years later I would think they would be, but ...), check the records in the jurisdiction where you were charged and tried. Contact your attorney to see if your case was not handled appropriately.
  2. You haven't even told us where this is, aside from the state. If the codes haven't been updated, no one here would have any way of knowing what might be done by some unknown council at some unknown future date. Again, Right to Know has nothing to do with anything you posted. For the benefit of future readers, "right to know" involves communication regarding chemical exposure. https://en.wikipedia.org/wiki/Right_to_know
  3. You are going to need to provide a lot more detail. What kind of abuse? What specifically was reported? On what basis/for what reason was the employee abused? Was that reason/basis shared with the supervisor? How many employees are there? What has the employee done to remedy the situation beside report it to the boss?
  4. I am quite familiar with "Right to Know", however, in its most universal context it has nothing to do with your situation. If there is some local ordinance that uses this language (which would be unusual at best as typically legislative entities seek to avoid using commonly held terms for uncommon purposes), you will need to cite it. There is not a universal "licensing" process for rental properties in PA. I know this as my family has held rental properties in various parts of the state for decades. If your borough/township/county has some sort of procedure in place and your neighbor has not followed it, you can report it to whatever agency is responsible for enforcement. Any remedy or enforcement mechanism lies with them. Same with adoption of the regulations of any kind. That doesn't solve any of the problems that you complain of, however. You might still have a reptile living next to you (ironically, its diet should decrease the rodent population, not increase it, but I digress). Codes for habitability can be abysmally lax, particularly with older properties which are often grandfathered (true everywhere- not just PA). You have a means of keeping the rodent population under control at your residence; namely monthly treatments. It may have nothing to do with your neighbors at all. In fact, if they are getting into your physical dwelling, that isn't your neighbor's fault at all.
  5. Further, you mention arrears, which means at some point you failed to pay what was ordered. That never goes away, no matter how old your child is or what their medical situation becomes. Even if your child were now much older and perfectly healthy, you would still owe the other parent the money you failed to pay under the old order. You *can* seek to modify it for good cause and a judge *can* modify it if they agree. That has little to do with the child's health or age and more to do with getting blood from turnips.
  6. How she spends the money really isn't any of your business. Legally speaking, it is not. She isn't required to spend it how you feel she should spend it or buy the kids the clothes or food you/they prefer. You are welcome to buy the kids what you like. Child support is not intended to be fun spending money for the kids or cover all of their expenses. Both parents are still expected to contribute to the children's needs. CS is just the bare minimum the court orders you to pay to assist your ex in meeting some of the children's needs- not all of them- not just the fun ones. This includes shelter, transportation, utilities, etc. It is the floor not the ceiling. CS is also not based on how "good" of a parent someone is. This is the woman you chose to be the mother of your children and they are stuck with her for life. No matter what went wrong in your marriage, she is still their mother. A parent who does not work outside the home and can be there full time for the kids can be a huge benefit. Was this the arrangement prior to your divorce? If the children are truly in danger or actually being neglected, contact CPS/ talk to a family law attorney about filing for a change in custody.
  7. Who is "they"? Why would child support be requested for a 27 year old? Especially a 27 year old for whom you have not been obligated to pay support (I presume) for 9 years? Parents do not have a legal obligation to financially support their adult children unless there is a court order obligating them to do so. This may be the case when a child is in college, some states have a cut off age slightly higher than 18, the parents voluntarily agree to continue support for some period of time, the child is disabled prior to the age of 18 and the disability is expected to continue beyond that age, etc.
  8. You are mixing all kinds of issues here. Your landlord having a permit to rent the property is separate and apart from violations of building codes. You can google your local health codes to see what they say as far as pest control, though it sounds like you already have your answer from the PA Health Department. I'm really not sure what it is you are seeking to do here. Your post is rather vague.
  9. You need to discuss this with your attorney.
  10. What are you talking about? Capital One is very much a brick and mortar bank. You can access your account online, just as you can for pretty much any bank these days. I'm really not clear what the death of your husband or your eviction has to do with a bank account. If you can check the account online, you would have the account number. If it is a joint account, it is unclear why you need a death certificate to do access the account, which apparently you are already doing. If it is your account, contact the bank and update your address and request a debit card/checks/whatever it is you are seeking. It is unclear what it is you are trying to accomplish. You can just log into the website and update the address and request a new card.
  11. "He" was told to keep a copy of the dismissal with him and did not do so. No officer is going to wait around for someone to retrieve paperwork from home. It is also now out of the hands of the police. "He" has a defense when it gets to court, but it is a judicial matter now. I would suggest "he" carry the dismissal paperwork in his wallet.
  12. Non-exempt work is easier to put a time frame on and quantify. You must be available to answer the phones during these hours. It should take X amount of time to build a widget. It should take X amount of time to do these defined tasks. Exempt work is not only more difficult to quantify, but often exempt employees have much more control over the amount and duration of their work. How much time should it take to "manage the performance of 5 employees"? Design a new widget? Create a new lesson plan? As a result, it is much more likely that exempt work will bleed over into time spent out of the office, either intentionally or unintentionally. This is why exempt employees are not paid by the quantity of work they perform, but for the job as a whole. The circumstances under which any given employer might expect an exempt employee to attend to work duties when they are not in the office varies greatly and is not addressed by law. The law does restrict when an employer can withhold pay for not working.
  13. If this happened in the course of employment and you were an employee (it isn't clear if you were or if you were an independent contractor), your sole remedy would be through workers' compensation. You would have a helluva uphill battle to causally relate a flea bite (or what you assume was a flea bite from this home and not a bite from some other creepy crawly encountered in the course of daily life elsewhere) to a staph infection months later, but that would be your only recourse as WC is an exclusive remedy. At this point, even that ship has long since sailed. You are years beyond the statute of limitations to file. In your state you had one year from the date of the initial accident- the flea bite- to report it and make a claim.
  14. Please try to use proper grammar. It is very difficult to read your post. If you are asking if it is possible for a parent to request drug tests be conducted on the other parent under a child custody agreement, the answer is, yes. Whether that is something likely to be ordered in your circumstances or whether it is advisable to seek such a requirement is something you will need to ask a lawyer familiar with your whole situation.
  15. Does your current order indicate how frequent Dad has visitation? Dad does not have to exercise his right to visitation. Not doing so isn't a reason to terminate his parental rights. It sounds like he does have some time with them, just maybe not as frequently as the court order or you would allow him to do so. Does the actual court order indicate he must give you the names of the people he interacts with when he has the children? If not, you will need to file in court to have that added (assuming a judge will agree to do so). If it is there already and he is non-compliant, you need to file in court for contempt of the order. Same with being behind in support. Not paying support is also not a reason to revoke visitation or custody.
  16. Buddy, this is basically a point by point description of abuse. If you don't see your actions and completely and totally unacceptable and her reaction as a textbook example of a response by an abused person, you need some serious help. I agree she needs help too- but sure as heck not couples therapy and not with you. I couldn't write a more textbook example if I tried. Dude. She broke up with you. She owes you nothing. Not. One. Thing. YOU are responsible for feeding yourself. You are responsible for controlling your emotions. It is NOT your place to "make her understand" or "grasp the seriousness", or do a darn thing. You don't LOOK like a horrible person- you ARE a horrible person. There is NEVER EVER ANY excuse to threaten the life of another person and absolutely not their loved ones. And all because you were too lazy or cheap to ask someone else for a ride to the store or call an Uber?? Really?? You are the very reason orders of protections exist. Your problems are not her problem. She is not your wife. She does not want to be in your life or want you in hers. The fact that she relented only after you threatened to KILL HER AND HER FAMILY is not evidence that she cares and isn't afraid of you. It is just the opposite. It is a sign she doesn't want the crazy psycho guy to kill her and her family and will do anything to try and smooth things over to stay safe. How do you not see that??? If she wanted a relationship with you or cared about you, she would have not broken up with you and would have taken you to the tore when you first asked. If you have to threaten her into it, it is not a voluntary act of love. Get yourself a lawyer. Stay away from her entirely. Do not call, email, text, call, visit, post her social media, contact any of her friends and family, send smoke signals, carrier pigeons, or singing telegrams. Get yourself into some counseling ASAP and start taking responsibility for your own behavior. Get a job. Figure out your own living arrangements (preferably without involving another victim). Stop relying on her and her family to make up for your screwed up relationship with yours.
  17. This is not your kid. If he is being abused or neglected, and it isn't clear how you would know that half a continent away, report it to the appropriate agencies. Or, tell your nephew to report it to his doctor, school guidance counselor, or trusted adult who can act on his behalf. I am not sure why you think Dad would not be entitled to assistance because the child is visiting a relative. Children quite often spend their school breaks visiting family. Anything you do to prevent this child from returning to his legal guardian is illegal. Most parents are loathe to hand their child off to someone else. Ask 100 parents if they would let someone many states away raise their child for them and 99.9 would tell you where to stuff it.
  18. You fail to understand your employer could legally fire you for "acting weird" such that others questioned your behavior. No drug test needed. You also make a lot of assumptions without any support about how your drug test was conducted. They offered you a retest and you declined. Game over. Talk it over with a lawyer if you want to, but don't hold your breath.
  19. It isn't clear on what basis you are claiming the children. Have you been granted guardianship by a court? Do the children live with you full time? Do you provide more than half their support? Employment status means virtually nothing as parents who are unemployed, whether by choice or circumstance, are still entitled to claim their children if they otherwise qualify.
  20. ABC is no more. Any promises they made or policies they had no longer exist. XYZ is a totally new employer. They may set their own policies and rules. It is incredibly generous of them to allow any leave accrued at ABC to be transferred over. Typically when one starts employment with a new employer you start from "0".
  21. If you have an attorney on record, no other attorney is going to talk to you. Call up the guy you hired and either fire him or ask him to work out the payment.
  22. No, it is not sexual harassment. It is just immature coworkers who found a way to push your buttons and annoy you.
  23. You deal with your auto insurance and the auto carrier will take care of dealing with the rest.
  24. All of the above apply. However, depending upon the nature and extent of their disabilities (assuming there are disabilities), young children can receive services for early interventions under IDEA and Child Find programs. If you have severely disabled children, it is very curious that you would not already know about these programs, but if for some reason you don't, google "NAME OF YOUR SCHOOL DISTRICT Child Find". There may be additional services available under state or local laws, but since you did not share that information, I'm at a loss to check.
  25. Your "agreement" was based on you having stolen from the employer. Any other crimes against other parties were not included. For that matter, even if you paid it back, your employer could still report it to the police. You can't "undo" a crime by paying back the value of what you took. So yes, if they then find out you stole from a supplier, he was absolutely within his rights to ask you to pay for those materials as well.