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pg1067

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pg1067 last won the day on July 13

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  1. pg1067

    Selling mobile home without title

    In any future posts, please make an effort to use something that resembles proper capitalization and punctuation. Doing so will make it easier for others to read and understand what you write. Your statements that your wife "got everything[, including] the mobile home" and that she cannot find the title conflict with each other. If she can't find the title, that seems to compel the conclusion that title hasn't been transferred to her, which compels the further conclusion that she hasn't yet "got" the mobile home. I suggest your wife contact PennDOT about the situation and see if there's any way to do this without opening formal probate. Of course, if title did actually get transferred into her name and she's simply lost the title, then obtaining a duplicate should be simple.
  2. pg1067

    Federal Proceduresin Criminal Case

    Please don't post in all italics or any other odd font or style. It makes what you write harder to read. As Tom Cruise taught us in A Few Good Men, "a motion in limine [is a motion] seeking to obtain an evidentiary ruling in advance" of trial. More specifically, it seeks an order that the other party may not mention or seek to offer something into evidence. This makes no sense as phrased. If an indictment is issued for eight persons, then all eight are being indicted at the same time. The order in which the eight persons are listed on the indictment is likely of no relevance to anything.
  3. pg1067

    Please Help!

    Sigh...didn't it at least occur to you and your mother that this might be a scam? Seems pretty obvious to me. Has your mother ever had an account at or relationship with the "California Bank" mentioned by "Mr. Padilla"? Does she have any debts in an amount that at least approximates $38,000? Even if this is real, if your mother gets sued, the plaintiff will have to serve a summons and complaint on her, and she'll have an opportunity to defend herself if/when that happens.
  4. Only a local attorney is likely to be able to advise you about these sorts of procedural matters. As far as I know, no NY attorneys follow these boards.
  5. You have nothing to sue for. Most employment in the U.S. is "at will," which essentially means the employee can quit at any time for any reason, and the employer can fire the employee at any time for any reason not expressly prohibited by law. The only exception that might apply to you would be if you had an employment contract that was not an "at will" agreement. Did you? Beyond that, as noted in the prior response, no laws relevant to the type of work you described exist that govern what sorts of tasks an employer may or may not require an employee to do.
  6. Well...my prior response consisted primarily of questions. It wasn't written to be "helpful" in and of itself. Rather, its obvious intent was to ascertain or clarify relevant facts. If you had come to me for an in-person consultation, I would have asked all of the same questions. Would you have gotten up at that point and said, "this isn't helpful," and walked out? If you care to provide the information I asked about, I'm quite confident a more "helpful" response will follow. I wasn't asking for anyone's name. When I asked, "What attorney?" I was asking whom this attorney represented. Was it an attorney who drafted your deceased parent's will? Was it an attorney who represented this parent (or someone else) in connection with legal proceedings by which the parent was declared incompetent? In other words, referencing "the attorney," as you did, doesn't tell us what role this attorney played in the story you've told, and knowing what role this attorney played may help me or someone else formulate a more "helpful" response. Now you've introduced a whole new wrinkle into this. What trust? Also, trusts don't have executors. An executor is a person who administers the estate of a deceased person. The person who administers a trust is called "trustee."
  7. pg1067

    Permanent Custody

    Not sure what sort of meaningful answer one could give to a question in the form "how hard is it to do ___?" Kinda hard. Really hard. Terribly hard. Not so hard. Given the lack of relevant facts and your failure to identify a state, I'm not sure what you expect anyone here to tell you. If this is more than a hypothetical, you need to consult with local counsel.
  8. pg1067

    Fence

    Unlikely, but there's no way for us to know since you didn't bother sharing what the small claims case is about. Specifically, in the Plaintiff's Claim and Order, what does it say in sections 3 and 4? In what county is the case filed? Please also answer "MiddlePart's" question. P.S. If, as you said, your neighbor is "taking [you] to small claims" court, you would not be "served with a summons and complaint." In small claims court, the "Plaintiff's Claim and Order" form is used in lieu of a summons and complaint.
  9. That's an awfully big leap without any information. I assume that, at some time after you tried to kill yourself, your children ended up in your mother's and her husband's care. How did that happen? Were the children taken into custody by the local child protective services authority and then placed with your mother and her husband as foster parents? Did they obtain a formal guardianship over the children? Something else? Or are the kids just living with your mother and her husband? Did a court make any orders relating to your rights as your children's parent? What involvement (if any) has your children's other parent had in all this? How long has it been since you've seen your kids? Well...your options are to hire an attorney or not hire an attorney. What specifically you need to do -- whether with or without an attorney -- obviously depends on the relevant facts that you didn't share with us.
  10. pg1067

    Cash loan default

    Huh? it's not clear what the nature of the debt is or what you mean when you refer to a "challenge," but it's unlikely that any "challenge" will absolve you of the debt (unless a court entered a judgment that says you don't owe it). Not sure who "they" are, but when something needs to happen in a matter of hours, posting on an internet message board is not the way to handle it. In any event, and without knowing who called you, I find it hard to believe that any non-payment will result in criminal charges (or even a race tot he courthouse to file a civil lawsuit). I'm not sure what a "county processor" is or what it might mean for "a complaint [to be] filed to social security." Wages can be garnished in Ohio, but benefits you receive from the Social Security Administration is not "wages" and isn't subject to garnishment. A judgment creditor might be able to levy a bank account with social security benefits in it. Since it's now after business hours in Ohio, all I can suggest is that you contact a local attorney in the morning.
  11. pg1067

    Is the eviction process neccessary??

    Allow me to re-phrase what I think you're saying: Bob owns a house. Bob's girlfriend Carol moves in. Two and a half years later, Bob wants Carol to move out. Assuming Carol doesn't do so voluntarily, does Bob need to file an eviction action to get her out? That's what you're asking? If so, the answer is yes. So...Carol moved out as a result of the restraining order and Bob just stuck her stuff outside? I'm not sure that an eviction action is necessary to get rid of her stuff, but just dumping it outside is unquestionably not the proper way to handle this. At a minimum, Bob will need to give Carol written notice and an opportunity to pick up her stuff before he can dispose of it.
  12. pg1067

    move during court case

    This is something you need to discuss with your attorney, and there's a good chance that the probation will require that you stay put until it's done. So is recklessly putting your life and the lives of others at risk by drinking and driving.
  13. Your post is awkwardly phrased, but being incarcerated has no impact on one's right to inherit from an estate.
  14. pg1067

    Evil step father

    I did it because who doesn't trust their mother at age 20. What 20 year old has wits to even ask for a written contract with mom? That explains why you didn't properly document it (basically: young and dumb, which is understandable, although unfortunate), but it doesn't answer my question. My question was why you gave her your interest in your father's estate -- apparently getting nothing in return. No, I was 20 years old, trusted mom, got no written contract. I have heard "reasonable man" clause bandied about in court. Would think it should easily apply in my case. Again, this doesn't answer the question I asked. What does it mean that you gave your interest in your father's estate to your mother (and stepfather) "with the understanding that when she and [your stepfather] died[,] it would all revert back to" you? As far as the term "reasonable man clause," while the concept of a "reasonable man" (or "reasonable person") is well known to any lawyer, I've never heard the term "reasonable man clause," and I'm unsure what you think it means or why it "should easily apply" in your case or what the result of it applying might be. Absent some clarification that indicates otherwise, it appears that none of the stuff relating to your giving of your interest in your father's estate to your mother and stepfather matters. That was a mistake on your part and not something you can do anything about at this point. All that really matters is your joint ownership of the house with Carl, so finding a local attorney to handle a partition action seems to be the only way to go (unless you simply want to give your interest in the property to Carl in order to "divorce" yourself from him). There's a "find a lawyer" link near the top of every page at this site.
  15. pg1067

    Time off

    No one is likely going to discuss the case with you other than your husband's attorney. If you can't get the attorney to respond, call his/her secretary and schedule an appointment or just show up at the office. If your husband is not incarcerated, he should do these things.
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