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mydogateit
(Deb )
58F
1171 posts
9/20/2008 7:05 am

Last Read:
9/24/2008 6:05 pm

My Dad To The Rescue


My appeal was quashed two days ago. My ex's attorney must have known because she never submitted her brief in response. She likely has inside information then with the Superior Court of Pa. That's not fair.
Anyway, there will be no hearing...yet. The reason the Superior Court of Pa. gave for rejecting the appeal was because they stated that I did not have a transcript. This is after the fact that I requested "forma pauperis" for the transcript of the lower court and was refused. The Superior Court stated that I should have appealed the refusal of transcript. Per PA law, though I could submit a transcript by recollection which I did, but which the lower court refused to accept so Superior Court refused it. This should be illegal, as the law states that recollection can be submitted in lieu of a transcript when one is not available.
Well, It's a man's world, in this backward county, so I spoke with my father. He will pay the $1400 for the transcript. I am now requesting a reconsideration. If Superior Court refuses my request, I will still use the transcript for a Judicial Review of the lower court. The transcript (if not corrupted) should show how the judge has broken PA law and misbehaved in general. Saying, "shut up" instead of using a gavel, really should not be acceptable behavior.
I can also appeal the Superior Court's decision to quash. But this is more time my are growing up without me, except on weekends. I am a good mother. I don't do drugs, have one drink per year with my best friend only, do not yell, but count and use time-out instead or loss of priveledge, and I am very loving towards them. So there is no reason for this and I have had enough and so has my dad.
My dad is great. He is also traveling two hours today to buy my house that is scheduled for foreclosure Oct 1st. I am crossing my fingers hoping it will work out. Then he will still let me and his grandchildren live here. Wow, my dad has set the bar high guys, lol!
PS:
I got a letter from my ex's attorney yesterday stating that she wants all profits from the sale of the home to go to my ex. Apparently, she doesn't know what a short sale is. I informed her in a letter that there was no profit in a short sale and that she should contact the bank for further details. In a short sale the bank has to accept the appraised value of the home. I had the home appraised at $75,000 three years ago, but my ex insisted on having it reappraised in an attempt to get more of my money. With the current market in a dramatic slump, it appraised for at most $52,000. The bank will have to accept the amount without me owing any more, my will not lose their home, my dogs will not have to go to the pound, my father is our hero, and my ex will not get any profit I might have incurred from a regular sale. Haaaaaaa! Well, I am told the process could take up to three months to finalize, but it's good to know the wheels are in motion.

mydogateit
(Deb )
58F
1846 posts
9/20/2008 5:34 pm

Thanks boys,
I'm just exhausted today. It was a lot of worring last night wondering if my ex and his attorney would show to harrass me. He didn't. All paperwork has been signed and we just have to wait for my dad to apply for the loan on Monday.
Yeah, Go, she wanted to know all sorts of things in her letter that she is not privy to so I think I responded with what I wanted her to know only. She needed to know that it was a short sale but not that it was being bought by my father and that we were staying here. She is a big B. sigh


mydogateit
(Deb )
58F
1846 posts
9/24/2008 6:05 pm

Today my dad told me that they might not give him the loan because he has no credit. The man bought his Chevy Tahoe with cash. He's always bought his cars with cash. The bank is supposed to call him back tomorrow if they will allow the money to be taken directly out of his account. If not that's it as there is only four business days until the sheriff's sale.