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Everything posted by RetiredinVA

  1. I don't suppose it occurrred to you that they are not applying the "non-refundable pet deposit" to the charges. So, $325.54 - $100.00 = $225.54. Read your lease and attachments to see if the "pet deposit" is not a deposit at all and report back.
  2. Your Father will have to petition the court that entered the custody order to change the order so he can have custody of you.
  3. Divorce is, by definition, an adversary process. Therefore, one attorney cannot represent both parties. I am absolutely certain that Kansas, or any other state, would not require that both parties have the same lawyer. However, one attorney can draft a settlement agreement for one of the parties which can then be presented as a proposal to the other party. The attorney who drafts the proposed settlement agreement should take care to not give the party he is not representing any reason to believe he or she is also their attorney. It is a very fine line to walk, but it is essential that the parties are clear about who is the attorney's client. It is certainly possible for one parent to be the sole custodial parent of the children. That is probably the most common arrangement. The other parent will normally have visitation rights and joint rights to monitor and be involved in education and health care. The criteria is the best interest of the children while also respecting the parental rights of the parties. Alimony (aka spousal support) has no relatiion to child support. Child support is always continued until the child reaches majority or reaches some other defined state, such as graduation from high school or court decreed imancipation. The amount of child support is commonly determined by a statutorily defined process, usually based on the joint income of the parents and the relative shares of income of the parents. Alimony is usually determined by a myriad of factors including relative ability to support one's self, education, length of mariage, contribution to the marriage, vocational experience, etc. In this case the alimony is apparently rehabilitative alimony, paid to allow the spouse time to re-enter the work force. Alimony and child support can be paid in many ways, including voluntary party to party payments, wage garnishment, or payments through a state agency. Having said all that: What is your interest here? The divorce is apparently final. There is nothing you can do about it. In fact, you have no standing in the case at all. Please do not criticize your daughter because you think she made a bad deal. Support her.
  4. The appellate court will not consider statements that are not on the record. Ineffective assistance of counsel is generally based on what was or was not presented to the trial court. It sometimes occurs, especially in capital cases, that matters extraneous to the trial are considered. Evidence of such evidence is usually developed during habeas corpus hearings in a federal court after the appelate court is finished.
  5. What is a "fair trade agreement" in domestic relations cases? Are you talking about a "settlement agreement?" Your ability to file for divorce has nothing to do with whether your husband agrees about child custody and support. Those are usually two of the main issues determined by the court in a divorce case. The other issues to be decided by the court are spousal support, distribution of property and debt. The court can decide the issues presented during the case or the parties can enter into a settlement agreement. If the court decides the issues it will enter a decree. It is usually not a good idea to purchase a house while a divorce case is pending or if a divorce case is immenent. It just presents another issue to be decided by the court or the parties. Of course, I am assuming that you have grounds to file a divorce. The grounds may include separation for a specific period, adultery, incarceration, abuse, fraud, or, in some states, mere incompatibility.
  6. Since seven previous posters have concluded and advised that you are clearly at fault it would appear that you will never accept responsibility. Further discussion is pointless. (However, if the other party was injured I would love to represent her and cross examine you about your aggressive driving. The jury might come out of the box and beat you up on the spot.)
  7. No. If you are thinking of adverse possession it doesn't work because of the lot is permissive. Adverse possession requires that the possession be hostile. Is your parking the truck in violation of the condo covenants? Have the covenants recently been changed? Are the threats coming from the condo board or the local police?
  8. He said the surgery was "for personal reasons." Firing him because of a comp claim would be illegal. But, he is not even sure he was fired. COBRA FAQs are at: http://www.dol.gov/ebsa/faqs/faq-consumer-cobra.html Qualifying Events - Qualifying events are events that cause an individual to lose his or her group health coverage. The type of qualifying event determines who the qualified beneficiaries are for that event and the period of time that a plan must offer continuation coverage. COBRA establishes only the minimum requirements for continuation coverage. A plan may always choose to provide longer periods of continuation coverage. The following are qualifying events for covered employees if they cause the covered employee to lose coverage: Termination of the employee's employment for any reason other than gross misconduct; or Reduction in the number of hours of employment. But, the questioner also said the employer was paying his share of the cost of the insurance for nine months. Without knowing for sure, it may be his participation in the health plan was terminated because he had not paid his portion of the premiums for the insurance. That may require notice similar to, although not technically the same as, Cobra. Also, COBRA kicks in if his hours were reduced. The questioner says he only works one or two days a week. If that is due to the comp related accident, it may be he has a claim for retaliation due to the comp claim. More information is necessary. Consultation with local labor lawyer would be highly advisable.
  9. There is no way anyone on this board can help you. From the perspective of the store this will undoubtedly seem suspicious. It is not at all uncommon for shoplifters to steal items and then return them for cash. That is why stores usually require some evidence that the items were purchased from the store. I am not accusing you or your family of shoplifting. I am merely trying to explain why you are having this problem with the store. Your statement that your relatives cannot even remember the stores where they bought the items is curious. The stores were presumably branches of the store where you returned the items. Do your relatives shop in mutiple stores of the same company? I suggest you press your relatives to find some evidence of the purchases. As to whether the store can or will return the items (or copies of the items) I cannot say but I doubt it. If they conclude that the items were not purchased at their stores they may simply refuse to honor the credit and put the burden on you to sue them and prove you bought the goods from their chain.
  10. I revert to my previous post about the difficulty of proving negligence. I have personaly sheared a lug screw. A friend of my daughter had graciously helped by changing her tire. He cross-threaded one of the lug nuts so badly that it sheared when I tried to remove it. Strong boy, he was. Also, I have had safety inspectors tighten lug nuts, after brake inspection, so tight that I have had to put a three foot piece of conduit on the lug wrench to loosen them and I am a pretty strong boy. I would not conclude that the state employee was negligent smply because a lug screw sheared. That is why I outlined the proofs she might need. Unless the mechanic has metalurgical and mechanical engineering credentials I doubt if he would help her case. BTW it is a very simple repair. The lug screws are force fitted. You drive the broken lug screw out the back with a heavy hammer and insert an new one. That's why it only cost $82. It happens often.
  11. A purchasor at a foreclosure sale purchases only the rights of the mortgagee (bank in this case.) If the mortgaged property is subject to an easement, then it remains subject to the easement. But, if the easement in not recorded and if the notice of foreclosure fails to disclose that the easement exists, that may be a different matter. You should have a local attorney review all the documents and facts of the case.
  12. I might also point out that in the case cited above (Binderup v. Holder) the court pointed out that Binderup had not committed a crime involving dealing in drugs (pages 62-63). The offense committed by Mr. Binderup was having sexual relations with a seventeen year old employee of his business. Since the questioner's husband was convicted of a felony drug offense it is highly likely that the conviction was for possession with intent to distribute and not simple possession. Also, in Binderup, Pennsylvania had already restored the Plaintiff's right to possess a firearm under state law. Finally, the Court in Binderup found that Mr. Binderup was statutorily prohibited from purchasing a firearm. But the Court then went on a long analysis as to whether Mr. Binderup was unconstitutionally deprived of his second amendment right to purchase a gun because he was unlikely to commit a violent act with said gun. In effect, the Court waived the statutory prohibition as to Mr. Binderup based on the facts of his underlying offense.
  13. Sorry, I just noticed that the caption was gun rights for felons.
  14. It doesn't say her husband was convicted of a felony. If you get a gun for any purpose he might be arrested and convicted for possession of a firearm. It doesn't matter if the gun belongs to you. If he has access to it he would be considered to be in possession. Also, if you purchase a gun and your husband has access to it, an enterprising prosecutor might charge you with purchasing the gun as a "straw man" for your husband. If I were you I would not even think of buying a gun.
  15. What couple? BTW, if you are selling the house why do you care if the fence and shrubs are removed?
  16. Has your property ever been surveyed? How about the neighbor's property. Just because the neighbor claims the fence line is wrong does not make it so. If the purchaser of your property requests a survey (most title insurers will require it) that may answer the question. Another thing you might try is to look in the areas where you think the property lines end. Surveyors will often place iron pipes at those locations. If the fence is, in fact, on the neighbor's side, the title insurer may add an endorsement to the title insurance declining to ensure the title as to that problem. If that occurs and the lender declines to issue the mortgage to the new owner you will have to resolve the issue before the settlement. If that doesn't occur I suggest you let sleeping dogs lie. Fences are frequently not exactly on the property line. It doesn't keep most people up all night worrying about it.
  17. I disagree with the suggestion that you take the car back to the dealer, hand over the keys, and walk away. You purchase agreement almost certainly grants the dealer a security interest in the vehicle. Pursuant to such agreements, the dealer is authorized to sell the vehicle again and charge you with a deficiency equal to the difference between the amount you agreed to pay and the amount realized in the resale. Such sales are often conducted at private auctions where the dealer is the only bidder and the bid is ridiculously low. You will end up with no vehicle and possibly a judgment for thousands of dollars against you. It will give your credit score a big hit.
  18. I admit I exaggerated a little. I have seen too many times where a citizen goes in to court and tries to present their case as follows: Plaintiff: I know the defendant broke the lug nut by being careless because my mechanic told me . . . Defendant's Attorney: Objection, Hearsay. Judge: Objection upheld. Don't say what the mechanic told you. Is the mechanic here? Plaintiff: No, but... Judge: Do you have any other evidence? Plaintiff: No, but . . . Judge: Judgment for the Defendant. Next case. It is embarassing.
  19. Fallen: What would you suggest the "polite but nasty bad faith note" say? What bad faith do you see? The questioner admits she or her father allowed the insurance to lapse. The mortgage company has the right -- and the duty -- to protect the interest of its investors. There is absolutely no bad faith involved. The only purpose of such a "nasty bad faith note" would be accuse the mortgagee of wrongful action with the implication that some sort of legal action would follow. (BTW the questioner's caption is not correct. The mortgage company is not "forcing me into default." The lack of insurance is not the fault of the mortgage company.) W\hen I say I don't sell stationery I mean I will not use my letterhead paper to threaten any kind of legal action I have no intention of pursuing. Since I see no bad faith action in this case I would not allow the use of my letterhead to allege "bad faith" when it appears there is none. In this case I would write a letter to the mortgage begging forebearance. Hopefully, the income from the rental units will enable the new owner to make the insurance payment. Her father was apparently able to do so. Maybe she is forgetting that she is no longer a school teacher. She is now landlord also. Finally, I disagree that "by and large humans tend to lean toward dishonesty with themselves and others, and lenders are people too." My experience, over the last 70 years or so, is that the overwhelming bulk of humans tend toward honesty. I am sorry if you have had the opposite experience.
  20. It might be a difficult case. You should start by retrieving the damaged lug. There are a number of mechanical labotatories that can determine whether the lug sheared because of excess torque or because of fatigue due to age. They should also determine whether the lug sheared when it was being removed or when it was being replaced. If it was sheared while being removed it would not constitute negligence. Also you may have the tool used by the Highway Assistance guy analyzed to determine whether it applies excessive torque to the nut. It would be extraordinary for a cordless device to develop enough torque to shear a steel lug. You will need to also bring in the person who replaced the lug to testify as to the reasonableness of the costs to repair the vehicle. Bring the repair man and expert witnesses from the two laboratories to your court date along with the damaged lug nut and the cordless drill. You may be able to convince the judge to award you $82.00. Expect to pay about $5,000 for the development of the evidence. The costs for expert testimony is normally not recoverable as costs so the case will probably only cost you $5,000 minus the $82.00. If you don't win, you could always appeal to the next higher court. But it will be worth it to prove that anyone helping you had better be careful. Maybe you should have waited for the AAA guy.
  21. I wish I had a dime for every prospective client who asked me to "Just write a letter." I would tell them the same thing every time. "I don't sell stationery." An attorney is an officer of the Courts. We are graced with powers and knowledge not possessed by other mere mortals. To threaten others with the use of those powers is, in my humble opinion, an abuse of those powers. If I write a letter to an opposing party threatening legal action, I believe I am ethically obliged to take that action. So I explain to the client that my cost for such a letter will include the cost of litigating the matter, if that is what I am threatening. In this case, the writer admits she allowed the insurance to lapse. She is clearly in default. She admits she does not have the resources to cure the default. If the property were to catch fire without insurance why should the mortgage company have to suffer the consequence? So what exactly should the attorney say in the ". . . polite but nasty bad faith note?" I believe the only honorable, and sensible thing to do is to sell the property. She should list the property post haste and ask an attorney how to convince the mortgage holder to forebear until the sale occurs.
  22. The ticket says "failure to signal". You say you may not have signaled for the required time or distance. The officer will describe to the judge what he saw and why he cited you. In the officer's opinion you did not signal as required by the law. What else do they have to tell you? You have given no facts so no further comment is possible.
  23. You can argue that. But you will lose.
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