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Topics - TPK

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Dear Socrateaser / Question on Abandoned Property
« on: Sep 26, 2005, 08:01:00 AM »

This is business related dilemna.

Back in Jan of this year I sold a guy a machine. He drove to NJ from Michigan and removed all the tooling (tools designed to properly use it ie cut metal etc). He left the machine here, this is considered "partial" removal in my industry.

Guy tells me he'll be back to remove the machine "when it gets a little warmer". It certainly was beyond warm here this summer, and soon will get cold again.

I contacted him via phone more than a month ago stating equipment must be removed by end of Sept as we are relocating to Pa. and I didn't want to have to move it.

Tells me he'll arrange removal.

I never heard from him again. It's now approaching our relocating date.

Guy is handicapped, I'd feel a little lousy reselling this equipment, but business is business and this piece HAS to go.

1. Legally, did I give him proper notice to remove the machine by phone?

2. To avoid being sued should I send a certified letter stating exact date of when equipment must be removed?

I'm trying to cover my a$$ so this guy doesn't go legal on me. He did pay me in cash, transaction was in thousands of dollars ($3K) We normally don't invoice cash paying customers unless they demand one.



Dear Socrateaser / Laws on Rentals & Security Deposits
« on: Sep 16, 2005, 10:28:38 AM »
Good afternoon Soc.

Questions on laws pertaining to security deposits given to a landlord.

Currently renting a home in NJ, moving to Pa. in a month.

Been renting since early 2001 in at current residence.

Spoke to landlord yesterday about the security deposit I gave him (1-1/2 months $$ security) He is aware I'm leaving and has been aware for awhile, we get along well, he's a lousy landlord though (aren't they all?)

I told him to keep the security to pay for rent this month (sept) and next month (oct). I'm leaving mid month next month.

I asked him how much interest had the money made as he originally told me he was putting security in an interest bearing account.

Tells me he never did that, he said he just kept it at his home.

1. Wasn't there a law passed requiring security deposits to be put in interest bearing accounts??

2. Was the law nationwide??......I know it's a law in NJ.

3. If yes on the above, what year was the law passed?

I just want to be ready in case this gets ugly.



Dear Socrateaser / Expert Testimony
« on: Aug 17, 2005, 03:16:24 PM »

Re Vaccination issue (again)

Oct 4th is our trial date. You had said previously that having child's Dr testify as expert testimony would be better than Dr going on the stand and just saying "mother has refused vaccines at my office for XX reasons"

1. What if I ask Dr to give expert testimony and he refuses thinking he's gonna lose child as a patient and thus lose money?

Wife will certainly change doctors (again) if this guy is on the stand agreeing with my stance on the vaccines, no doubt about it.

2. Better to just subpoena him?

3. If I slap a subpoena on him he HAS to appear correct?

If the trial is Oct 4th, how soon should I  subpoena him to give him notice to appear?

I ~might~ be able to get a Pediatrician who is a family friend to testify, but I'd rather not get them involved if I don't have to.

What say you sir?

Thank You


Dear Socrateaser / Update on Court Today....Got More Visitation!
« on: Jul 21, 2005, 07:28:11 PM »

I did well today.

It was supposed to just be a meeting in chambers between attorneys. After they were in there for a little bit, they called me and the lovely wife in there too. I was stoked.

Judge discussed the parenting time I wanted ( Fri 12noon to Mon 10am). My opponent countered with Sat 9am to Mon 10am. Judge looked at me and asked if this was OK. I sat silent for a few seconds, then he says "you aint getting everything you're asking for". He said it would only be temporary til trial in Oct. I agreed.

Then the vaccination issue was brought up. Judge questioned wife about her reasons for not doing it. Wife spewed the same banter "autism" "asthma" is caused by vaccines. Judge didn't seem to be buying it. Wife's attorney suggested a Law Guardian get involved. Judge said there was no need for that as the LG would never agree with wife anyway.

So, he didn't order it today, but I strongly feel he will at trial. My plan is to have the court order it be done when child is 2. I know wife won't do it so I'll probably get a contempt on her and maybe a small opening of a change in custody.

I will let wife self destruct and then pounce on it.

  My wife embarassed herself and me today in chambers. She ranted on and on and interupted the Judge many times. She was so out of control and her attorney never tried to stop her. I sat back and said little, and let the Judge get an a$$full of her. I was shocked at her behavior. I was embarassed for her. There clearly is still something wrong with her. I can't believe I actually married this woman. What the F was I thinking. The Judge probably felt like hanging himself after being in her presence.

Being in front of 2 male Judges and 2 female Judges I now prefer female Judges. Seems the women are for the men and the men are for the women. I did have a minor victory today, but still kinda dislike this male Judge.

Thanks for your input on some of these issues Soc. As usual, you were dead on and from your help I knew what to expect and how to approach these issues.


Dear Socrateaser / Going Back to Court Next Week.....
« on: Jul 16, 2005, 08:35:44 PM »
...for a 2nd conference Soc. Last appearance was 2 months ago which was a meeting in chambers. I'm guessing this hearing is much of the same.

More than a month ago, my attorney sent wife's attorney a proposal for settlement. This included parenting time EOW, who gets child on what holidays, summer visitation. We never did get a response, no letter, no phone call....nada....zilch.

1. Will the judge frown upon my opponents unwillingness to settle? I know you can't read a judge's mind, I'd just like to know what your experiences were with stubborn opponents.

My parenting time now is EOW Sat 9am to Sun 6pm which is just not enough.

2. If no settlement can be made regarding parenting time, can this issue go to trial??

Wife still won't vaccinate child.

3. Where can I find any case law on a vaccination related issue? I don't mean lawsuits brought against Pharm. companies either.

4. I'm trying to get my golf handicap back under 10, any suggestions??:-)



Dear Socrateaser / Lawyer Rant
« on: Jun 12, 2005, 07:20:25 PM »

My NY attorney is a single practioner and also some sort of town Judge. I'm getting a little weary of his lack of attention..and some lack of detail.

I've retained him since 12/04. In that time he has returned a phone call 1 time that I can remember. I always had to call back. On 5/31/05 I called him to tell him about my wife's brother's end of allowing the Weds & Sunday visits at his house. Attorney said he'd call wife's attorney to see what he could do (revise visitation). I told him that upon speaking to her to call me back with any feedback.

A week and a half goes by and no phone call. This past Weds. I called his office to inquire about this situation and he was in a meeting with a client. His gal told me she'd ask him about it and call me back. I never got a call back but got a bill for that 5/31 phone call to him.

I found out he never submitted an "answer" to my wife's pleadings. I found this odd.

After the preliminary conference I told him that I wanted EOW Fri to Mon. He replyed "don't you want a Friday off?" I told him absolutely not and that my demands were firm.  He just seems to want to "push it thru" and get the divorce done. His comment bothered me.

My NJ lawyer was part of a 3-man firm. He was very diligent and always returned phone calls and copied me on everything. He was worth the money I spent and had a very professional attitude.

I guess I can see a difference between a firm and a single practioner. My NY lawyer may have a full plate, but I don't want excuses.

1. Should I be more demanding with him?....ie "I WANT you to do this etc"

2. If so on #1, where do I draw the line on my demands (it is my money I'm spending).....I don't want to be too much of a pest.

Being a business owner myself, I know how to cater to the customer til he's 100% satisfied.

3. Other than ethics matters, what else should be grounds for firing him?

My divorce is almost complete so I may keep him on board til it's over but will seek other counsel in the future.

4 Lastly , how important is it to be 100% comfortable with your lawyer?

Maybe I'm nit picking, but this divorce is taking too long and it seems like he's sitting on his thumbs up there.



Dear Socrateaser / File a Motion??
« on: May 31, 2005, 07:29:25 AM »

My visitation has been Weds 3-7pm in NY at wife's brother's house, every Sun 9:30 am to 6pm also at brother's house in NY and EOW in NJ from Sat 9:30am to Sun 6pm. I have been doing ALL the traveling.

Her brother flaked out on me and no longer wants to play host Weds. and Sundays in NY. That leaves me with EOW in NJ now.

Our next court date is not til July 12th. I want my parenting time increased to EOW from Fri. 12 noon to Monday 10am with a halfway point established for transfer.

1. Can my attorney file a motion to increase parenting time NOW, or do I have to wait til the divorce is finalized?

I just want to know if I can get into court and get this done without having to wait til the divorce is over. It appears wife will settle on nothing, and this could go to trial which might not be til next year.

2. If I can file a motion to be heard now, what is it called??

My attorney is hard to get ahold of, so that's why I came here to ask.

Thank you


Dear Socrateaser / What to Expect at Preliminary Conference??
« on: May 11, 2005, 03:09:38 PM »

My preliminary conference for the divorce is tomorrow.

1. What generally happens at this conference??

My lawyer is out today, couldn't get a hold of him for questions (sigh)

Thanks as always.


Dear Socrateaser / Is this petty???.....or is it Ammo??
« on: Apr 18, 2005, 11:37:52 AM »
Afternoon Soc.

I found out yesterday that wife has moved yet again. Since 8/04 she & daughter (1 y o now) have lived with me in NJ, then at her home in NY, then with sister in NY, and now in mother's house in NY with some time at wife's NY home as well.

You know I'm not challenging for custody. But this constant moving has to be unstable for the child, especially at such a young age.

After speaking face to face with her, I'm still concerned about her mental state. The frequent moving and "irrational" behavior has me thinking I should address this in court.

1. Cause for alarm???.........or am I being petty here??

I predicted months ago wife would have a complete mental breakdown in the future, especially after she left her sister's house which would leave her all alone by herself, with nobody to help with the child.

I have a large network of support here in NJ, it's too bad I don't have custody of my daughter, she'd be better cared for down here and wouldn't be so isolated from everyone else where she is in NY.

Thanks for listening, that's all today for my Monday rant.


Dear Socrateaser / Conservator Questions
« on: Apr 13, 2005, 08:23:14 AM »

I am writing on behalf of my spouses brothers, this is their issue and need help. We have been kicking this around for quite some time now.

Their father died 1/04. Mother is still alive but deemed incompetent by the court. Court appointed their other sister guardian and my wife co-guardian. Neither have power of attorney.

Seems as though quite a bit of money is missing after father died. Brothers guesstimate there should've been $200K+ shown, only $20K was shown by sisters to the court.

Father's will left everything to the mother.

I have a bank statement in father's name with my wife as beneficiary. This statement shows interest on 2 CDs and a savings account. There's about $50K between the accounts. Accounts were closed after father's death.

1. Should my wife have gotten the money, or should it have been given back to the mother?

2. Technically, wife could've been the only one to close the accounts?

The brothers now want to petition the court to have the court appoint a neutral party guardian. The sister has co-mingled the mother's money with her own.

3. Is it a law in every state that you have to file with the probate court the assets of a deceased person, a will if any, and who will get the deceased's assets?

Brothers insist sisters did not file with probate court (my lawyer is checking on that for me). My father's mother died 2 years ago (in Pa.) and he told me he HAD to file with the probate court by law.

4. What do the brothers have to do legally to get the sister's to show the father's assets upon death?

5. Would they have to file an OSC to have the court appoint a guardian?

Where do they start??

Thanks as always.


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