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SWATJester posted:If I were advising him, I'd probably suggest he start formally talking to Pontiac about getting reimbursed if that's what he wants, or suing them. Ah, the division that no longer exists of a company in chapter 11 protection? Does that change anything?
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Jul 17, 2010 22:00
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SWATJester posted:The question ends up being whether such a duty exists. It's not a slam dunk case, but it's one of the more direct ways of getting any kind of substantial money out of GM. There's probably some kind of statutory implied warranty that goods will be fit for their intended purpose when sold in a consumer context terrorist ambulance fucked around with this message at 22:18 on Jul 17, 2010 |
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Jul 17, 2010 22:13
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kimbo305 posted:Ripped from the headlines! dark rear end tint replaced standard bulbs with LEDs. They look like:  I'd tell him to stop whining like a bitch. It isn't DOT approved if you modify them, even if the housing still has a stamp.
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Jul 17, 2010 22:40
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hobbesmaster posted:Ah, the division that no longer exists of a company in chapter 11 protection? Does that change anything? I use the name generally. Pontiac, GM, whoever.
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Jul 17, 2010 22:45
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terrorist ambulance posted:There's probably some kind of statutory implied warranty that goods will be fit for their intended purpose when sold in a consumer context Probably, but the recovery won't be as good.
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Jul 17, 2010 22:50
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I got ticketed for running a yellow light last night. I didn't figure they bothered with that because the situation is usually so subjective that it's not worth the time. Still, that's what happened. I was 2 cars behind someone turning left on a 2 lane road, so from a stop I changed lanes and accelerated. I was watching the people behind me and waited for them to lane change and drive past me so I didn't notice the light about to change. The light turned yellow when I was maybe 6 feet away from it, and the person behind the car that was turning left was starting to go through as well. I needed to change lanes to avoid the upcoming parked cars so I continued to accelerate as I went through. In the end I was going maybe 25-30 in a 50(kph). Changed lanes to avoid the parked cars, and cue the lights. The only thing I can think will be problematic is the officer told me that he noticed me accelerate through the intersection and I absent-mindedly agreed that was the case, which might constitute not proceeding with caution. Essentially my defense is that being so close to the intersection I couldn't reasonably stop in time, and in response to my accelerating through I was approaching from a stop (so naturally I was accelerating to the speed limit) and was also ensuring I had enough distance to safely lane change once I was through the intersection. tl;dr I drove through a yellow light and the cop assumed I was mad tite drifting yo, and I can probably fix it by saying I wasn't, but I'm a n00b at getting tickets so I don't feel too confident.
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Jul 17, 2010 23:19
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Through The Decade posted:I got ticketed for running a yellow light last night. I didn't figure they bothered with that because the situation is usually so subjective that it's not worth the time. Still, that's what happened. 1) What state is this in? 2) Is thee a question here?
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Jul 18, 2010 01:52
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kph implies Canada.
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Jul 18, 2010 01:56
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Ah sorry, I'm in Ontario (Canada). I figure yellow light laws are largely identical across the board. I suppose my question is what am I going to be up against when I walk into the courtroom? Because the whole thing is so subjective, whether or not it was safe to go or stop and whether I was being cautious as I sped up, am I going to have to prove that I was right or that the officer was wrong? This is all kind of uncharted territory for me. A former coworker was able to get a full dismissal when he allegedly cut off an ambulance that had lights and sirens blaring and the ambulance had to slam it's brakes and it slid sideways for a few feet and so on, basically by saying "that isn't how it happened". With that in mind I'm not exactly worried that my case will end badly for me, but I still feel ill at ease about doing something that I don't know the proper procedures for.
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Jul 18, 2010 02:35
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nm posted:Internet detective work on another forum show that the taillights are stock except: It's nice to know that this particular issue of a local jurisdiction ignoring the law is now hypothetical. Even in Fredneck (or wherever in MD this is) it's rare for a legal system in the U.S. to go full Boss Hogg like the Jalopnik post made it sound. (Excepting Louisiana, Mississippi and Alabama, of course) I kid, I kid ... somewhat. As for GM's liability, I'd say they are entitled to rely on the law when they make cars. There's no implied warranty of "the person with the deep pockets has to make everything all better when some podunk jurisdiction goes rogue"
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Jul 18, 2010 03:12
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Through The Decade posted:I got ticketed for running a yellow light last night. It doesn't work this way in the U.S. I don't think it works this way in Canada, either.
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Jul 18, 2010 03:22
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joat mon posted:It doesn't work this way in the U.S. Well I'm probably not going to bring up the fact that I didn't notice the light was going to change. If I'm honest I had a feeling it was going to and I probably could have just sat there but like I said I wasn't under the impression I could even get a ticket for running a yellow so I went for it. I omitted a lot of my coworker's story. The officer claimed that the lights and siren were on and that brakes were slammed because he made a left turn without looking, when in fact neither were on and it only had to slow to the speed limit. He said as much, the judge quizzed him on what you're supposed to do when an emergency vehicle is approaching with lights and siren on, and when he answered correctly it was dismissed on the spot. edit: Maybe I didn't mean dismissed, what I ment was not guilty. Through The Decade fucked around with this message at 04:03 on Jul 18, 2010 |
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Jul 18, 2010 03:59
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Through The Decade posted:Well I'm probably not going to bring up the fact that I didn't notice the light was going to change. If I'm honest I had a feeling it was going to and I probably could have just sat there but like I said I wasn't under the impression I could even get a ticket for running a yellow so I went for it. With the large disclaimer that I am not a lawyer, the law concerning yellow lights in Ontario is that you proceed only if you cannot stop safely. So if you accelerated from a stop to get through the light, you're probably hosed. My personal non-lawyerly experience of traffic court is that they don't dismiss tickets because you seem like a good driver. You need to be able to argue that you could not stop safely before the intersection.
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Jul 18, 2010 04:20
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Mm yeah you're probably right, if the officer saw that I went through from a stop that's pretty much game. I've read that I can request what evidence the officer will present (which will be his recollection of the events) but I think I have to commit to taking it to court first. According to the interwebs I can set a court date, look at the evidence, then in court admit I'm guilty based on the evidence, and nothing bad will happen. Except the whole $180 ticket thing.
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Jul 18, 2010 04:39
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I'm in Pa. I moved to a new city and wanted to skateboard at the local skate park at 7:00 AM on Sunday morning. The fence was locked, but The hours weren't posted and there were no signs listing hours nor any sign indicating 'do not enter during certain times. Only a list of rules (don't litter, skate at your own risk etc.) and a sign listing WINTER hours (December through March weekends only). It is July and no hours were indicated for summer or any time besides winter.. So I sit around for an hour until 8 A.M and no one comes to unlock it so I crawled under the fence and start skateboarding (trying to beat the heat by skating early because it's 95 degrees around here.) Security guard shows up, sees me skating, calls the cops, cops come and give me a citation for 'defiant trespassing'. On the citation they lied ("signs posting hours of operation"). Anyway I'm looking at a $300 fine. I know you're supposed to always consult a lawyer when charged with a criminal offense, but who can afford a lawyer? I'm a full time nursing student and am on a limited budget as it is. Wont the lawyer charge over $300 anyway? Basically, whats the best way I can play this? The cop said the fine may be as low as $25 but I suspect he was lying just as he lied on the citation. What should I do? Plead guilty?
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Jul 18, 2010 17:51
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Jeephand posted:I'm in Pa. I moved to a new city and wanted to skateboard at the local skate park at 7:00 AM on Sunday morning. The fence was locked, but The hours weren't posted and there were no signs listing hours nor any sign indicating 'do not enter during certain times. Only a list of rules (don't litter, skate at your own risk etc.) and a sign listing WINTER hours (December through March weekends only). It is July and no hours were indicated for summer or any time besides winter.. I decided I'm going to take photos of the signage (none of which states hours) and plead not guilty. Go to a court date. Maybe the cop wont show? Maybe he'll be forced to explain why he lied about me disobeying signs that don't exist? Yeah the gate was locked, and I went under it to skate, but the park was packed with people. I looked all over the signs and none said don't enter. I figured someone forgot to unlock it and I drove 45 minutes to get there so I just started skating. Is my plan screwed? Sounds like a plan to me.
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Jul 18, 2010 18:39
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Jeephand posted:I decided I'm going to take photos of the signage (none of which states hours) and plead not guilty. Go to a court date. Maybe the cop wont show? Maybe he'll be forced to explain why he lied about me disobeying signs that don't exist? Yeah the gate was locked, and I went under it to skate, but the park was packed with people. I looked all over the signs and none said don't enter. I figured someone forgot to unlock it and I drove 45 minutes to get there so I just started skating. Is my plan screwed? Sounds like a plan to me. You were trespassing though, posted hours or not. I mean, even if there were clearly posted hours but everything was still locked up, how do you think it is still not trespassing? You had to climb under a fence to gain access, think about that. Personally, if you have a clean record, then I would borrow money from whoever I could to get a lawyer to help me keep this off my record. Even if it cost $300-$500 for the lawyer, to me that would be worth it. Trespassing isn't a huge thing, but why get a black mark for something so stupid? Also, if you're a student then your school might have some legal services available to you. If all you're worried about is the fine amount though, then it's really up to the judge how much the fine will be. You have to make the judge not want to fine you the full amount. Telling the judge that you think the cop is lying on the citation won't help your cause. Dress nicely, be sincere, and tell the judge you realize it was stupid to do and it is something you'll never do again.
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Jul 18, 2010 18:45
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If your school has a law school there's probably a legal information clinic or three that may be able to help
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Jul 18, 2010 20:18
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dvgrhl posted:You were trespassing though, posted hours or not. I mean, even if there were clearly posted hours but everything was still locked up, how do you think it is still not trespassing? You had to climb under a fence to gain access, think about that. I hopped a fence but does it mean anything that the township park the skatepark is situated in has a sign that clearly says "the park is open from sunrise to sunset" (I have photo)? Also, That there are no hours posted for the skate section of it? Cant I just say "The sign said sunrise, the skatepark said nothing about hours or being closed, I figured someone forgot to unlock it and if anyone wanted me to leave I would have gladly gone, so I hopped the fence and skated in the morning before the weather got too hot"? Think this'll fly? It's the truth. dvgrhl posted:Personally, if you have a clean record, then I would borrow money from whoever I could to get a lawyer to help me keep this off my record. Even if it cost $300-$500 for the lawyer, to me that would be worth it. Trespassing isn't a huge thing, but why get a black mark for something so stupid? Also, if you're a student then your school might have some legal services available to you. It's true the charge isn't a big deal record-wise. The fine is less than the price of a lawyer. Also, I go to a community college and I doubt they have a law dept, but I'll look into it. dvgrhl posted:If all you're worried about is the fine amount though, then it's really up to the judge how much the fine will be. You have to make the judge not want to fine you the full amount. Telling the judge that you think the cop is lying on the citation won't help your cause. Dress nicely, be sincere, and tell the judge you realize it was stupid to do and it is something you'll never do again. Correct me if I'm wrong, but I wont be seeing a judge unless I plead not guilty right? I wont have an opportunity to dress snazzy and be an upstanding citizen to whomever answers the phone at the judges office where I will be making my initial plea of not guilty or guilty. If I plead guilty they'll just give me the maximum fine over the phone and put me on a payment plan. If I plead not guilty to see the judge I need a case right? All I have is the fact that the park clearly states sunrise to sunset hours and the skatepark does not say anything to the contrary and show the photo evidence to her. Yes the fence was locked and yes I was caught red handed in the skatepark at 7 AM skateboarding by myself, but does that mean I was doing something wrong or that maybe the park is doing something wrong with confusing signage that led me to believe that there would be no repercussion for skating that early?
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Jul 18, 2010 21:24
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There's a guy who wants to kick my rear end. He's taken to shoving me and spitting on me when I see him in public. It's annoying and embarrassing, but I'm still not going to give him the satisfaction of a fight. I do, however, have a whole bunch of facebook screenshots, posts and chat logs where he has specifically stated his intention to do me physical harm over the past few weeks. Are these admissible? Can I get a restraining order or something? At what point can I take some type of preventative/retaliatory action?
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Jul 18, 2010 21:57
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ZeldaLeft posted:There's a guy who wants to kick my rear end. He's taken to shoving me and spitting on me when I see him in public. It's annoying and embarrassing, but I'm still not going to give him the satisfaction of a fight. I do, however, have a whole bunch of facebook screenshots, posts and chat logs where he has specifically stated his intention to do me physical harm over the past few weeks. Are these admissible? Can I get a restraining order or something? At what point can I take some type of preventative/retaliatory action? Shoving and spitting is assault. If you're not going to fight him, call the police.
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Jul 18, 2010 22:03
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Loopyface posted:Shoving and spitting is assault. If you're not going to fight him, call the police. Noted, but this is Pittsburgh, and it's at a bar. The cops will laugh at me and do nothing, and even if they remove him from the bar, he'll just come back some other time, we kinda run in the same social circle.
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Jul 18, 2010 22:10
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ZeldaLeft posted:Noted, but this is Pittsburgh, and it's at a bar. The cops will laugh at me and do nothing, and even if they remove him from the bar, he'll just come back some other time, we kinda run in the same social circle. Why is he loving with you?
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Jul 18, 2010 22:20
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Loopyface posted:Why is he loving with you? Not that it matters, but he is under the incorrect impression that I said unfavorable things about him. I'm 28, I've got responsibilities, and I'm not fighting someone over gossip
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Jul 18, 2010 22:25
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ZeldaLeft posted:Noted, but this is Pittsburgh, and it's at a bar. The cops will laugh at me and do nothing, and even if they remove him from the bar, he'll just come back some other time, we kinda run in the same social circle. Start playing mind games with him. Start hinting that you're gay when you're both there drinking and that his tough guy attitude is actually starting to attract you. I'm guessing he wouldn't want to fight you as much after that if he's the way you describe. Or just kick him in the nuts the next time he initiates an assault on you. (USER WAS PUT ON PROBATION FOR THIS POST)
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Jul 18, 2010 23:11
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ZeldaLeft posted:Noted, but this is Pittsburgh, and it's at a bar. The cops will laugh at me and do nothing, and even if they remove him from the bar, he'll just come back some other time, we kinda run in the same social circle. I am tired of people who want a legal solution but don't want to involve law enforcement officers. Who do you think would be showing up to enforce your hypothetical restraining order? What this guy is doing is, under PA law, harassment. It is illegal and he can go to jail for it. If it actually escalates to physical violence (or the belief on your part that such violence is imminent), then it's assault. This is illegal and he can go to jail for it. Call the police and press charges.
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Jul 18, 2010 23:45
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PoOKiE! posted:Start playing mind games with him. Start hinting that you're gay when you're both there drinking and that his tough guy attitude is actually starting to attract you. I'm guessing he wouldn't want to fight you as much after that if he's the way you describe. Please ignore this. Get a PPO. Case closed.
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Jul 18, 2010 23:49
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Wyatt posted:I am tired of people who want a legal solution but don't want to involve law enforcement officers. Who do you think would be showing up to enforce your hypothetical restraining order? What this guy is doing is, under PA law, harassment. It is illegal and he can go to jail for it. If it actually escalates to physical violence (or the belief on your part that such violence is imminent), then it's assault. This is illegal and he can go to jail for it. I don't mind involving cops, they just rarely seem to do anything for lesser disputes, which this is. its not even a bar fight just yet. I assume a PPO is a restraining order? do i have sufficient evidence to get one? (i also have many witnesses) If i go into a place that he is already in, will he be forced to leave?
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Jul 19, 2010 00:13
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Yes. Yes. Depends on the wording, but typically if he's already there, you don't go there and if you're already there, he can't come there.
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Jul 19, 2010 00:46
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Jeephand posted:I hopped a fence but does it mean anything that the township park the skatepark is situated in has a sign that clearly says "the park is open from sunrise to sunset" (I have photo)? Also, That there are no hours posted for the skate section of it? Cant I just say "The sign said sunrise, the skatepark said nothing about hours or being closed, I figured someone forgot to unlock it and if anyone wanted me to leave I would have gladly gone, so I hopped the fence and skated in the morning before the weather got too hot"? Think this'll fly? It's the truth. The sign are the general hours you can be at the park when it is open, but the fact it was locked up supersedes this. The sign doesn't magically absolve you of any wrongdoing. Think of it this way, businesses post their hours of operation. But if you happened by one during these posted hours but it was locked up, what would happen if you forced your way in anyway? Jeephand posted:It's true the charge isn't a big deal record-wise. The fine is less than the price of a lawyer. Also, I go to a community college and I doubt they have a law dept, but I'll look into it. Yeah, most community colleges probably don't have a law department, but they might have legal services offered to students for a cheap rate. Or they might be able to refer you to a good lawyer. Jeephand posted:Correct me if I'm wrong, but I wont be seeing a judge unless I plead not guilty right? I wont have an opportunity to dress snazzy and be an upstanding citizen to whomever answers the phone at the judges office where I will be making my initial plea of not guilty or guilty. If I plead guilty they'll just give me the maximum fine over the phone and put me on a payment plan. I really don't know how it works where you live, but I would be surprised if a guilty plea automatically equals maximum fine. You should also be able to verify this with the court clerk. But this is why you need to talk to a local lawyer. Jeephand posted:Yes the fence was locked and yes I was caught red handed in the skatepark at 7 AM skateboarding by myself, but does that mean I was doing something wrong Yes it does. I also hope you realize this is exactly the type of situation that gives skateboarders in general a bad reputation. Your desire to skateboard does not trump what the property owner wants, private or public. Good luck, but I really think the best thing for you to do is accept you were in the wrong and go from there.
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Jul 19, 2010 03:23
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nm posted:They look like: Holy hell, if his lights were at that level of tint, he deserves his fine and derision for trying to spin things in his favor.
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Jul 19, 2010 04:18
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Jeephand posted:The fence was locked... You should have learned by the time you were five that if a place is fenced and locked, you don't go in. The additional fact that it happens to be illegal should be utterly superfluous. As dvgrhl noted, congratulations on reinforcing the skater stereotype. Whether you trespass by ignoring signage or trespass by ignoring fences and locks, it's still trespassing, even in Pennsylvania: 18 Pa.C.S. § 3503: Criminal trespass posted:(b) Defiant trespasser.-- The fine may well be $25. Unfortunately, the court costs may well be $200+. I think your charge is a "summary offense" as opposed to a misdemeanor, which is good for you. Consult with a PA attorney to find out exactly what than means. Yes, an attorney will cost money on top of the fines and costs, but it will be worth his/her efforts in ensuring this stays off your record.
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Jul 19, 2010 05:02
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Wyatt posted:I am tired of people who want a legal solution but don't want to involve law enforcement officers. Who do you think would be showing up to enforce your hypothetical restraining order? What this guy is doing is, under PA law, harassment. It is illegal and he can go to jail for it. If it actually escalates to physical violence (or the belief on your part that such violence is imminent), then it's assault. This is illegal and he can go to jail for it. I reluctantly went to the cops and guess what? PA doesn't have restraining orders unless you were related to that person. and since I don't know his address, they cant really do anything. they claim that what is happening is harassment, and all they will do is slap him on the wrist, at which point he will likely come back with more venom. cops are loving useless. now what?
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Jul 19, 2010 17:45
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ZeldaLeft posted:I reluctantly went to the cops and guess what? PA doesn't have restraining orders unless you were related to that person. and since I don't know his address, they cant really do anything. they claim that what is happening is harassment, and all they will do is slap him on the wrist, at which point he will likely come back with more venom. cops are loving useless. Find a friend who is an attorney, and have him/her pro bono sue the guy for civil assault or whatever, just to show him that you aren't messing around. Or invite the guy to lunch and try to work it out, although he sounds like a child. Also, get yourself a taser.
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Jul 19, 2010 18:22
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entris posted:Or invite the guy to lunch and try to work it out, although he sounds like a child. Do you have a mutual friend who has enough of your and the other guy's respect so that after the mutual friend meets with the two of you separately, the mutual friend could get all three of you together and be able to ensure that you and the other guy maintain your composure during the encounter?
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Jul 19, 2010 19:06
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joat mon posted:Do you have a mutual friend who has enough of your and the other guy's respect so that after the mutual friend meets with the two of you separately, the mutual friend could get all three of you together and be able to ensure that you and the other guy maintain your composure during the encounter? i'd be surprised if anyone i knew wanted to get involved in this. i have no problem maintaning composure. ive repeatedly and calmly asked this guy to leave me be. this guy doesnt want to resolve this, he wants to act a fool of facebook and harass me and those i care about. i dont think i have a pro-bono legal hookup, and it seems asinine that i cant find a solution to this that doesnt involve money/violence
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Jul 19, 2010 19:25
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ZeldaLeft posted:they claim that what is happening is harassment, and all they will do is slap him on the wrist, at which point he will likely come back with more venom. So one of three things happens: 1. He thinks it's hilarious that you called the cops and he carries on. So you continue to involve the police. A pattern of harassment will emerge that will necessitate something more than a slap on the wrist. 2. He will be angry that the cops got involved and will actually attack you. This will expose him to more significant punishment. 3. He gets the point and goes away. All three options are a path towards resolution. ZeldaLeft posted:i dont think i have a pro-bono legal hookup, and it seems asinine that i cant find a solution to this that doesnt involve money/violence Our of curiosity, is there a reason you can't simply avoid the guy? You live in a big city.
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Jul 19, 2010 19:53
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Wyatt posted:So one of three things happens: ok, but since i didn't have his address, I couldn't get the police to even charge him go talk to him.
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Jul 19, 2010 20:02
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ZeldaLeft posted:ok, but since i didn't have his address, I couldn't get the police to even charge him go talk to him. So, find out his full name and get his address? Other than "not giving him the satisfaction," is there a reason you don't just clock him next time he pushes you or spits on you?
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Jul 19, 2010 20:06
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Not sure if this belongs here or in the Income Tax Thread....lets try here first. From PA's Labor Law Website.... quote:What Kind of Information is My Employer Supposed to Put on My Pay Stub? Now, does this mean that I am required, under PA labor laws to get a pay stub? Or just that if I got a pay stub, the required info has to be on it. I ask because for the past year, I have asked for pay stubs from my employer, but never got them. They said that they never gave out stubs before, and didnt feel the need to start now. But I need them for various State run programs I am a part of (Daycare, Welfare, etc) and its a bitch trying to provide proof that I work to these folks. Thanks for any help. I live in, and work in Pennsylvania.
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Jul 19, 2010 23:48
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