pg1067

Members
  • Content count

    54,628
  • Joined

  • Last visited

  • Days Won

    126

pg1067 last won the day on April 15

pg1067 had the most liked content!

5 Followers

About pg1067

  • Rank
    Platinum Contributor
  1. Pennsylvania Rule of Criminal Procedure 600 provides that trial must commence within 365 days after the date of filing the criminal complaint (or, as may be applicable, the other triggers mentioned in Rule 600(a)(2)). Whether you're incarcerated or out on bail doesn't affect that. Note that Rule 600(C)(1) provides that periods of delay not caused by the Commonwealth are not included in the 365 day computation. If this is more than a hypothetical inquiry, you need to discuss the situation with your defense attorney.
  2. What's the deal with the microscopic font? Please don't do that. All of them? Yes. See this and this. It is impossible to opine intelligently about the legality of a document we haven't seen.
  3. This sentence is a grammatical mess, so I'm not really sure what you're asking. I think what you might be asking is whether the boss who "ignored" the employees who reported the alleged "abuse" could be "held accountable." If that's your question, it's not clear what "held accountable" means. Without any factual details whatsoever, the only possible answer is maybe. In addition to the questions asked in the prior response, you should also provide some temporal context and explain whether there is any evidence of the alleged "abuse" other than the reports made by some employees.
  4. The restatements are all well and good, but they're not the law. If a plaintiff sues for unpaid monies pursuant to a contract and obtains for judgment, there would be no question that the judgment would include prejudgment interest.
  5. Civil Code section 3304 provides that "[t]he detriment caused by the breach of an obligation to pay money only, is deemed to be the amount due by the terms of the obligation, with interest thereon." Civil Code section 3289(b) provides that, "If a contract entered into after January 1, 1986, does not stipulate a legal rate of interest, the obligation shall bear interest at a rate of 10 percent per annum after a breach." However, Civil Code section 3290 provides that "[a]ccepting payment of the whole principal, as such, waives all claim to interest." As a practical matter, I would expect that very few persons would willingly pay statutory interest if the contract does not expressly provide for same. In your case, that would put the onus on the licensor to file suit to recover interest.
  6. Well..."a contract for land purchase" is presumably between a seller and a buyer, but it's not clear to whom "you" refers in this sentence. Of course, a contract generally cannot be amended except by agreement of both parties, so it would make little sense to suggest that "you" could refer to either the buyer or the seller. As far as "los[ing] the right to pursue legal action," I can't even conceive why an amendment to the contract might have that effect. Ok...so Seller had a contract with Buyer #1 to sell Property. Buyer #1 failed to pay (within the time provided in the contract, presumably). Seller "didn't notify [Buyer #1] correctly," but it's not clear what Seller didn't notify Buyer #1 about. In any event, despite not "notify[ing] [Buyer #1] correctly" (whatever that means), Seller then "placed [the Property] for sale with an agent," which apparently has resulted in a contract between Seller and Buyer #2 (you). Whose broker? Your broker or Seller's broker? Who are "we"? Why might you "end up not purchasing the land"? Failure to disclose what? With all that said, anyone can sue anyone for anything. Whether the amendment to which you have referred would have any impact on a lawsuit you might file would depend on what exactly the amendment says and how you answer the questions I asked. Of course, if you're concerned about this, you would be wise to consult with a local real estate lawyer.
  7. You apparently were able to read what I typed, which wasn't in all caps. Anyway.... You're free to try and deal with this yourself by denying the allegations or just burying your head in the sand (a recommendation I don't agree with). We have no way of predicting whether the buyer will actually take legal action, but it might be a smart idea to start looking for and consulting with a few local attorneys and hiring someone you're comfortable with to help you deal with this.
  8. Not sure it matters, but what does "$10k a year later" mean? Does it mean you were obligated to repay the loan within a year? How could you not know your wages had been garnished? Didn't you notice that you were receiving less money in your checks? Your employer must have been served with papers in connection with the wage garnishment. Ask someone in the payroll department for copies. Ask the payroll department where the money is being sent. It's probably being sent to the county sheriff who then disburses it to the judgment creditor (although it's possible that things are done differently in Delaware). You should also be able to visit the courthouse in the county where you live and try to look up the lawsuit against you. FWIW, I wouldn't expect anyone simply to forgive 10+ years of interest (to say nothing of court costs and attorneys' fees).
  9. Please don't post in all caps. Who are "they"? The buyer of the home, I assume. This isn't a question about which anonymous strangers who have almost no relevant information should be opining. When you sold the house, did you sign some sort of standard disclosure form? If so, what, if anything, did the form say about the "foundation issues"? Did the buyer or the buyer's agent ask you or your agent about any "foundation issues"? If so, what was said? What form did the buyer's accusation come in? If it was in writing, was there any sort of demand? If so, what was the demand?
  10. By saying, "yes, you may have an extension." Your disapproval of the extension does not negate the borough's ability to give it. Huh? Not sure what your definition of "real lawyer" is, but I've been a lawyer for over 16 years. It feels pretty "real" to me. As I mentioned one would have to read your local ordinances to know if and how it applies, but you haven't named your locality, so we have no way of looking up any of the applicable laws to provide better answers to your questions.
  11. Interesting story. Do you have a question? I think I disagree. The kids probably spent at least $100 each (and probably more than that) on prom tickets, to say nothing of tux rental and what not, all of which ended up being wasted because of the bus rental company not delivering as agreed. I think all of that should be compensable
  12. Alleged by whom? What does the neighbor feeding snakes with live mice have to do with mice invading your property? For that matter, what does the neighboring property not being "maintain[ed] . . . clean" have to do with mice invading your property? How do you know? Also, a "license to rent" is not something that is typically required. Are you sure such a license is required? Extension of what? Also, I'm not sure what you might mean by "right to ask." Anyone may ask for anything one wants. I was a little surprised to find out that the "International Property Maintenance Code" is a real thing. Of course, this "Code" is not a law in any state or locality unless the state or locality has adopted it as law. Has the State of Pennsylvania or your locality even adopted this "Code" as law? Even if the answer is yes, I doubt a locality could be in violation. Rather, one would assume that only a property owner could be in violation. The legal option most likely to have any chance of succeeding would be a lawsuit for nuisance. Whether or not the owner has a "right" to an extension is irrelevant since the Borough gave him one. One would have to read your local ordinances to know if/how this "Code" applies. Then make sure the pest control company comes at least monthly. If you have a contract, that shouldn't be an issue. You are, until and unless a court says otherwise. Sure. By the way, what happened when you called the owner of the neighboring property to discuss this issue?
  13. I'm not sure who "they" are, but there are laws (in Tennessee and every other state) that allow for child support for adult children who are disabled. You should read some of these search results, but ultimately, you should consult with a local family law attorney. Also keep in mind that "disabled" and "terminally ill" are not the same thing (although someone certainly could be both).
  14. Sorry to hear that. Do you have a question for us? Note that the document link you provided doesn't work (they never do). Easier to provide a concise explanation of the relevant facts and ask whatever question(s) you have.
  15. You appear to have posted this around 11:15 p.m. EDT on Sunday 4/22. It's now 2:15 p.m. EDT on Monday 4/23. Is he still being held? As for your questions (most of which appear to be rhetorical), we have no independent information about what's happening. Whoever the "he" is that your post refers to can and should consult with a local attorney.