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jcschick posted:I wish I could figure out what the custody laws are in Pennsylvania but googling it gives me a gazillion loving ads for lawyers and no information. Google is trying to tell you something.
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Oct 3, 2011 18:38
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jcschick posted:I wish I could figure out what the custody laws are in Pennsylvania but googling it gives me a gazillion loving ads for lawyers and no information. You are welcome http://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/23/00.053..HTM
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Oct 3, 2011 18:42
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euphronius posted:You are welcome THANKS, SIR!
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Oct 3, 2011 19:11
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/\ /\ /\ Yeah, what he/she said. jcschick posted:A clusterfuck of a mess but something to ask anyway. My sister-in-law recently died of cancer. She had two kids. "Title 23, section 5324 posted:Standing for any form of physical custody or legal custody.
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Oct 3, 2011 19:41
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This is in Georgia. I recently made an agreement with my landlord to break my lease if I pay one additional month's rent and let him keep my security deposit. I told him I'd be out by the end of September. I was already living somewhere else and was in the process of moving the rest of my belongings out throughout the month. He asked me in the middle of the month if I could give a key to his real estate agent so he could show the place (this was a house rental, the owner is located in South Carolina). I said sure and left a key for the real estate agent. One day when going to move out some more things, my girlfriend noticed, when she was driving up, two people walk up to the lock box, enter the code into the box, and retrieve the key. They then went in and looked around. I came a few minutes later, they asked if I was there to look at the place, I said no, I was currently renting it, they said "oh, ok" and handed me the key. I got almost everything out that day and the next (the next day someone else also came up to the house to look at it, but I was already there so he spoke with me and didn't try to retrieve a key). I left one car load of stuff behind. Due to being in a wreck and a few other things going on at the time, I didn't come back to retrieve everything until about a week and a half later. I get there to find everything (but a bag of hangers) gone. I also find a grill outside. I call my landlord, he doesn't answer, I email him, informing my things are missing and it looks like he's rented the place (this is prior to the end of September). He says he doesn't know where my things are, that the place isn't rented yet, and that he thought the grill was mine. He says he'll get to the bottom of it the next day, and finds out nothing and says sorry, no idea where your stuff is, but hey the place looks great thanks! I ask if the place was being shown without supervision, he says no, I say well it certainly seems that way from my experience, and mention the incidents with people coming to see the place unsupervised. I say that either he or his real estate agent hold some responsibility in this situation. He doesn't respond. My question is, do I have any recourse here or am I just SOL? The place was obviously being shown without supervision, whether his idea or his agent's, well before the time when I said I would have my possessions out. If asked, I wouldn't have agreed to this scenario, and when I saw it going on sped up my move out process. I should have gotten the last of the stuff out sooner, admittedly, but is he at fault for any of this? It wasn't a huge amount of stuff, worth maybe $400-500, so I'm not TOO concerned by it, but it's still bothersome. I have one more month of rent to pay to him, so we're not completely finished doing business together. Is this just a live and learn situation or is there anything I can do here? Thanks for any help!
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Oct 3, 2011 22:02
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slowfoot posted:About 3 times a week, the local paper delivers a huge advertising section to every house in town (apparently). I don't really like getting it - it's not a huge deal, but it's a crapload of stuff that I just recycle, and it piles up like crazy when we go away. I totally hate this poo poo too. I think I even posted in this thread about it, but I don't remember any responses (hopefully you have more luck). The paper is probably doing it to keep their advertising circulation up now that their newspaper circulation numbers are in the toilet (thanks to the internets). One thing I planned on doing (but never followed through on because I'm a lazy gently caress) is collecting all the ads and once a week going downtown and dumping them on the floor in the middle of their lobby (I also thought about starting a Facebook group or something on Craigslist to get other people in town doing the same, as a sort of protest). If you have a competing daily or weekly newspaper in town, you could also write a letter to the editor about your experience; maybe enough bad press would do something. Best of luck.
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Oct 3, 2011 23:23
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In California, is there a legal issue with holding the property of someone who owes you money until they've paid that money? A client refusing to pay his last invoice wants me to pay to ship something back to him. I'm fairly certain I'm under no obligation to spend money to return it to him, but if he provides a way for me to return it that doesn't cost me money, can I still hold the item as collateral until he pays me the money he owes?
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Oct 3, 2011 23:52
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Choadmaster posted:I totally hate this poo poo too. I think I even posted in this thread about it, but I don't remember any responses (hopefully you have more luck). The paper is probably doing it to keep their advertising circulation up now that their newspaper circulation numbers are in the toilet (thanks to the internets). One thing I planned on doing (but never followed through on because I'm a lazy gently caress) is collecting all the ads and once a week going downtown and dumping them on the floor in the middle of their lobby (I also thought about starting a Facebook group or something on Craigslist to get other people in town doing the same, as a sort of protest). If you have a competing daily or weekly newspaper in town, you could also write a letter to the editor about your experience; maybe enough bad press would do something. Best of luck. One other thing you can do is try to use trespassing law. Send a certified letter to the newspaper saying you don't want any of their employees to enter your property or leave anything there, and put up a 'no trespassing' sign. This may deter them, but if it doesn't there isn't much you can do since I doubt the police will care and suing them would be way more trouble than it's worth.
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Oct 4, 2011 00:21
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So is this an illegal search.... A few weeks ago I was at a party at a fraternity house (which is off campus). While I was outside I couldn't hear music. I went inside and sometime later police came inside the house and collected everyone's ID. I'm of age so nothing happened to me, but they gave out around 100 citations for underage drinking. 1. They didn't have a warrant. 2. Wouldn't they actually have to see someone drinking to have probable cause? There were brothers outside working the door, who told the officers they couldn't enter. The door that was being used isn't on the same level as the bar, and people weren't allowed to leave with a beer can. Even if there was a noise complaint (which I'm not sure there was)they can't bust into a private house on a municipal ordinance violation? Edit: Underage drinking in PA is a summary misdemeanor as well, so even that would lack probable cause without a warrant right?. UrielX fucked around with this message at 05:31 on Oct 4, 2011 |
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Oct 4, 2011 05:28
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Konstantin posted:One other thing you can do is try to use trespassing law. Send a certified letter to the newspaper saying you don't want any of their employees to enter your property or leave anything there, and put up a 'no trespassing' sign. This may deter them, but if it doesn't there isn't much you can do since I doubt the police will care and suing them would be way more trouble than it's worth. I always thought it must violate some littering law or something (they are essentially leaving garbage on your private property) so I finally got off my rear end and looked this one up. For California: CPC 374.4 posted:(a) It is unlawful to litter or cause to be littered in or upon public or private property. A person, firm, or corporation violating this section is guilty of an infraction. That leaves two questions, which are (1) do advertising circulars count as "waste matter" (they obviously are to the unhappy recipient, but not to the accused litterer) and (2) as you said, will the cops give a poo poo...
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Oct 4, 2011 08:58
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UrielX posted:So is this an illegal search.... Does the house belong to the school? Are you sure no one said they could come in?
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Oct 4, 2011 18:00
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El Duke posted:This is in Georgia. I recently made an agreement with my landlord to break my lease if I pay one additional month's rent and let him keep my security deposit. I told him I'd be out by the end of September. I was already living somewhere else and was in the process of moving the rest of my belongings out throughout the month. He asked me in the middle of the month if I could give a key to his real estate agent so he could show the place (this was a house rental, the owner is located in South Carolina). I said sure and left a key for the real estate agent. To preface, I'm not licensed in Georgia, but this will hopefully give a good frame of reference. With respect to your personal belongings, typically a landlord is not responsible for anything stolen, absent some breach of a duty of reasonable care in protecting your apartment/the building from theft. However, in this circumstance, if your landlord was giving people the access code to your lock box without overseeing the retrieval of keys, or even supervising a showing, then there's an argument for holding him liable for missing items. Further, in Minnesota, a landlord must give a tenant reasonable notice before showing an apartment. If unable to reach the tenant, the landlord may still show the apartment, but is required to leave a note indicating that he/she was there. This presents a potential second cause of action, related to the landlord's failure to adhere to notice requirements for apartment showings. If he truly did permit strangers to enter your apartment, then it's possible you may have a second/alternate avenue for recourse.
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Oct 4, 2011 20:39
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This is probably a stupid question, but my friend (who has OCD and other anxiety problems) is seriously worried and I want to show her how stupid she's being. Apparently, she went on a walk on a nature trail with her boyfriend and she threw a Starbucks cup into the grass after she was finished with it. Now she's worried the cops will hunt her down because they'll find it and take fingerprints and track her down. Does this actually happen, or is she being ridiculous?
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Oct 5, 2011 01:16
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SlenderWhore posted:This is probably a stupid question, but my friend (who has OCD and other anxiety problems) is seriously worried and I want to show her how stupid she's being. Tell her it actually happens, then maybe she'll never do stupid poo poo like that again. Even with a reporting witness who knows who she is with photo evidence they would cite her some nominal amount for littering (although there could be some ridiculously large fine because of the type of land/trail it is). Outside of that you are talking about the type of massively expensive forensics used to solve murders and other like crimes that the PD probably has a large backlog of. A clear conscious is the softest pillow. I would just go back and pick up some trash and the cup if it was still there, although proper legal advice wouldn't be to return to the scene of the "crime". 
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Oct 5, 2011 01:57
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SlenderWhore posted:This is probably a stupid question, but my friend (who has OCD and other anxiety problems) is seriously worried and I want to show her how stupid she's being. I can't imagine cops taking the time/expending the resources to dust a littered Starbucks cup for fingerprints. She'll be fine.
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Oct 5, 2011 01:58
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SlenderWhore posted:Does this actually happen, or is she being ridiculous? No. Yes.
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Oct 5, 2011 03:20
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ChubbyEmoBabe posted:Tell her it actually happens, then maybe she'll never do stupid poo poo like that again. I told her exactly that at first, and when she stopped freaking out I told her the rest of what you said.
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Oct 5, 2011 03:42
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Stimulus posted:If he truly did permit strangers to enter your apartment, then it's possible you may have a second/alternate avenue for recourse. Thanks for all of this. Having some info to back me up I was able to get him to compensate me for a portion of the loss. Much appreciated!
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Oct 5, 2011 15:08
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Took care of it, cost me $330 though 
Snatch Duster fucked around with this message at 18:13 on Oct 6, 2011 |
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Oct 6, 2011 01:43
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edit : nvm solved
mynameisbutt fucked around with this message at 05:53 on Oct 7, 2011 |
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Oct 6, 2011 03:07
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edit - redacted. more happened and things are more serious now
booshi fucked around with this message at 12:37 on Oct 6, 2011 |
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Oct 6, 2011 09:11
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mynameisbutt posted:Recently I was asked to take care of a friend's cat for a weekend while they were away. Things happen, nature took its course and the cat died during the night before they came home. Not my fault. Her boyfriend called and left me a very heated voicemail, I wanted to give them their space while they mourned so I didn't contact them immediately and was planning on apologizing at a later date. This was two weeks ago. I was sitting down to call my friend to apologize when I got a call from another friend of mine stating that her boyfriend had posted on his professional website an extremely derogatory post about me and had stated that he will be contacting my previous employers to let them know that I'm unreliable and basically a deadbeat. We both work in the same city in the same very small community of workers, so this kind of slander spreads incredibly fast and is pretty damning to my career. I would really really like him to at least take the blog post down so that it doesn't keep spreading. Is there anything I can do outside of getting a cease and desist? If I were to get a lawyer, would that be all they would be able to do for me in this case? If anyone could offer me some advice on what kind of lawyer I need to get and where to go (I live in nyc) that would also be awesome. Call your friend. Apologize. (Later,) find out what the boyfriend's problem is and work from there. If you feel that personal contact with your friend will only make things worse, try to get a another friend who all of you respect to serve as an informal mediator and try to resolve things that way. Lawyering up will ensure this spreads through your very small community of workers much faster and more completely than it would otherwise. (plus, the lawyering up itself will be an additional hit to your reputation in the community as well)
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Oct 6, 2011 16:25
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Michigan I applied for a court appointed attorney in a misdemeanor traffic offense. I was denied because "Jail not likely". However, this offense carries a possible $500 fine and 2 points on my insurance in addition to the 90 days in jail. I go to pretrial in 26 days. The lawyers I have talked to are all way to expensive, and I think it may be cheaper to just pay the fine and take the points, but I do not want a misdemeanor on my clean record. The offense is "Bypass Weigh Station over 10,000lbs". Most lawyers I talked to wanted around $1000 or more retainer. There was one guy who offered $450, but he said all transactions would be over the phone... Is there a way I can find a cheap/real attorney? Or is it possible for me to personally plea bargain with the prosecuting attorney?
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Oct 6, 2011 17:13
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ganglysumbia posted:Most lawyers I talked to wanted around $1000 or more retainer. There was one guy who offered $450, but he said all transactions would be over the phone...
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Oct 6, 2011 18:01
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ganglysumbia posted:Michigan That offense sounds like a commercial driver's license offense - what were you driving at the time?
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Oct 6, 2011 18:06
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entris posted:That offense sounds like a commercial driver's license offense - what were you driving at the time? From earlier in the thread: ganglysumbia posted:I have a chauffeurs license, and nowhere in the testing for it does it indicate I have to stop at weigh stations. The vehicle I was driving was a 2000 Ford Box Truck, which is not a common sight at weigh stations. The officer who issued the ticket indicated he does not know why the Michigan legislature decided to make this offense a misdemeanor. Also, I was not made to go through the scales nor was the vehicle inspected.
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Oct 6, 2011 18:26
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Ok, thanks. ganglysumbia, if your job and livelihood depends on your chauffer's license, then you need to get a lawyer. You don't want to negatively affect your driving record if driving is part of your work.
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Oct 6, 2011 18:33
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At my college (NY), they handle my student account, so any surplus from federal loans goes to my student account. From that I can request up to $2000 of my remaining balance to be released to me, but only $2000 regardless of my actual balance, and I can only make 1 request every 60 days. Is it legal for them to be keeping my money away from me for no apparent reason?
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Oct 6, 2011 18:56
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edit nvm solved
mynameisbutt fucked around with this message at 05:52 on Oct 7, 2011 |
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Oct 6, 2011 19:38
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mastershakeman posted:I live in Chicago and have always thought that you could get a DUI while on a bicycle, either under the DUI law or a separate BUI or something similar. In fact, a friend of mine told me his roommate got one less than three years ago here. Thanks for posting this. I had read a snippet from that case a while ago but forgot which case it was... Also, I would like to present you with the awesomeness that is http://scholar.google.com for all of your legal researching needs! Before Scholar was official in late 09 I think, I had a hell of a time finding cases to learn about the DUI I was charged with for sleeping in my car. Can any of you law goons shed any light on this question I've had for a while now? I have always been curious if a statute is interpreted differently than it's plain wording, like "actual physical control", how would they expect anyone to be aware of the "change" in the law if that change was only known by searching through case law which you had to pay Westlaw/Lexis for access to until Google Scholar arrived? (I'm aware the supreme courts decisions are available for free, but there are many other laws we are expected to know and follow that are defined through case law made up of lower courts decisions as well.)
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Oct 8, 2011 00:41
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PoOKiE! posted:Also, I would like to present you with the awesomeness that is http://scholar.google.com for all of your legal researching needs! Before Scholar was official in late 09 I think, I had a hell of a time finding cases to learn about the DUI I was charged with for sleeping in my car. I want to hear your story about how you presumably represented yourself on a DUI.
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Oct 8, 2011 04:27
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Christ not this again.
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Oct 8, 2011 04:33
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How is it that non-profits like the FSF that don't actually sell anything can maintain trademarks when a trademark requires use in commerce?
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Oct 8, 2011 06:04
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PoOKiE! posted:I have always been curious if a statute is interpreted differently than it's plain wording, like "actual physical control", how would they expect anyone to be aware of the "change" in the law if that change was only known by searching through case law which you had to pay Westlaw/Lexis for access to until Google Scholar arrived? (I'm aware the supreme courts decisions are available for free, but there are many other laws we are expected to know and follow that are defined through case law made up of lower courts decisions as well.) In my state, judicial interpretation of statutes is not treated as a change in the law, but rather an explanation of what the law always was.
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Oct 10, 2011 11:22
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Solomon Grundy posted:In my state, judicial interpretation of statutes is not treated as a change in the law, but rather an explanation of what the law always was. I would presume they don't have retrospective effect on past judgements though? (except when it comes to criminal appeals?)
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Oct 10, 2011 12:41
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Alchenar posted:I would presume they don't have retrospective effect on past judgements though? (except when it comes to criminal appeals?) Parties acquire vested rights in judgments, and later interpretation of statutes do not unwind those rights.
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Oct 11, 2011 11:22
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I was pulled over for doing 15 over the speed limit in central PA. 80 in a 65. The officer notices my address in his system and on the license didnt match and offers me a written warning for the speeding and instead to charge me with failure to notify of adress change which carries a lesser fine. I accepted this offer but I still believe this charge is incorrect. The address listed in the system and which the dmv has was a previous address of mine WHICH I NEVER CHANGED MY ADDRESS TO. I think this address was accidentally changed during a vehical title transfer. My correct and intended address which is the one on my license is that of my parents house where I still sometimes reside. Again I was never aware my official dmv address had changed from this and it was not reflected on my drivers license 3 questions- 1) The actual charge states that I failed to notify the dmv of my adress change but the officer actually seemed to be saying that what I had done wrong was failure to update my license. If he stated his charge incorrectly, could I have that charge thrown out? 2) When the cop recorded the details for the citation he mixed up all the addresses and the information he recorded is demonstrably incorrect. Could this cause the charges to be thrown out? 3) If the address change charge gets thrown out could I still be liable to receive points and fines on the speeding charge or does the written warning mean that's closed?
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Oct 11, 2011 21:24
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Its CRAZY LEGS! posted:I was pulled over for doing 15 over the speed limit in central PA. 80 in a 65. If you go to traffic court and bring up these issues, you will find that the officer will revise the charge on the spot to be speeding 15 mph over the speed limit. Take your lesser charge, which doesn't sound like a moving violation (and hence, won't affect your insurance), and be happy the cop did you a favor.
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Oct 11, 2011 21:41
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Its CRAZY LEGS! posted:I was pulled over for doing 15 over the speed limit in central PA. 80 in a 65. I know "gently caress the police" and all, but you made a deal with the officer so why not honor that? What if he showed up to court and was like, just kidding, here's your speeding ticket too? The cop was being nice to you, don't try to screw him over or he might not give someone else that benefit next time. Also, I got a ticket for this same thing and went to court and showed the judge that I immediately went to the DMV and updated my information, and he threw out the ticket. I still had to pay court cost, which was like $20 I think. You can probably update your info with the DMV online now, so I would do that and show up with proof for the judge.
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Oct 12, 2011 00:46
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Foreclosure question. My parents recently received a foreclosure notice from Chase. This is the situation: 1. They are current on their payments with their mortgage through Chase. Their home has a second mortgage, through a different bank, which they are also current on. 2. The notice from Chase asserts both delinquent payment and late fees for said delinquent payment. They have copies of the checks and dates when they were sent to Chase for the amount of the current payment. I did some brief googling and I'm getting hundreds of thousands of similar links from others who were current in their mortgages yet also receiving similar notices. I told my parents that they need to get on this immediately and cannot let it sit. My brother says that it's probably just "Chase being behind on updating their systems", but I think that's an extremely dangerous attitude to have. Should I have them contact an attorney regarding an illegally issued notice of foreclosure? If that's the route they take, what kind of attorney? I was thinking real estate law, but I'm unsure. ex post facho fucked around with this message at 02:09 on Oct 12, 2011 |
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Oct 12, 2011 02:03
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