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Court Hearing After Attorney Withdraws

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  • 09-03-2010, 06:19 AM
    panda4
    Court Hearing After Attorney Withdraws
    PA LAW,, we have a civil hearing coming up for a dismissal (custody try from a third party( plaintiff) against a good standing biological father ) and the plaintiffs attorney withdrew from the case , due to non payment of his fee's
    This Judge has not rescheduled this civil case , is this right ? surely he has to give them time to reorganize ? this is within the same week of the hearing and attorney quitting ,,
    we will not attend we have a 24 hour round trip (we live in a different state with the boys ) to get there but we did fax a letter to the judge , explaining its bad time as its exactly a year since the real mom died and we will not leave the boys (teenagers) at this time NOR will we drag them out of school for two days just to get up there and be told the court is not happening !! but we are available by phone ,
    we have just verified with the prothonatory that the fax is there , How can this judge keep a court hearing on ? and we have doubts the 21 yr old, un married ,never worked,college girl,( third party) will even turn up herself , ?
    this has turned out to be the biggest joke in history ! whoever heard of a college girl with NO parental experience being allowed standing just cos she is a sister to the boys ?,:wallbang:
  • 09-03-2010, 06:51 AM
    Mr. Knowitall
    Re: Court Hearing After Attorney Withdraws
    You want the judge to grant the plaintiff a continuance rather than holding a hearing at which the case can be decided? It sounds like the judge wants the case off of his docket, and isn't going to give the plaintiff a break for choosing not to pay her lawyer's bills.
  • 09-03-2010, 07:24 AM
    panda4
    Re: Court Hearing After Attorney Withdraws
    so what happens now then as WE will not be there although we sent a letter with good reasons and we are available by phone ? we could not trust the time and money and stress to get there ,with not knowing what exactly is going on , even calling the court house and they umd and ahhd , they dont really know etc etc ,,, when all this could be one phone call ? they know we are pro se ,

    P.S. thank you :p
  • 09-03-2010, 11:40 AM
    panda4
    Re: Court Hearing After Attorney Withdraws
    you will LOVE this ,,
    Judge calls the plaintiff TWO hours before hearing ,, to have a phone conference with us out of the blue, and gives her a chance to rebutt against our removal of jurisdiction out off PA that was in with a dismissal . he ignored that,
    Judge never waited to even see if she was going to show up the court ? he knew we were not ! this is TOTALLY out of order ,, to call her in advance "to give her a chance" WHAT chance ?? how is she supposed to write a rebuttal,, what attorney in the right mind will take on a 21 year old that doesnt pay, doesnt work etc ..he said well i gave her loco parentis , but on NO clear or written evidence that she even lived with her brothers ,, we know most of the time she lived with her boyfriend,,
    so you see we know this is a very predjudiced Judge ,against pro se and military people
  • 09-03-2010, 12:31 PM
    Dogmatique
    Re: Court Hearing After Attorney Withdraws
    The judge is prejudiced how?
  • 09-04-2010, 06:09 AM
    panda4
    Re: Court Hearing After Attorney Withdraws
    1. because we live in a different state
    2. because we are pro se
    3. because hubby is military and we had "comments" made by judge
    4. recent unscheduled phone conference Judge made sarcastic comments
    5. Allowing this to keep going for a 21 yr old girl that has admitted in court she has nothing ! Never even one piece of paperwork to SAY she actually lived with her brothers ,
    6. Her attorney withdraws same week as court hearing , Judge doesnt reschedule ?
    7. Judge never waited to see if Plaintiff was even going to appear , HE called her in advance !
    8. He stated she should have another chance to rebutt our move of jurisdiction. Dad and boys have lived in a different state for over a year now.
    9. Now from what I understand PA LAW ,,is one when one parent dies the remaining parent is LEGAL Parent Guardian , ESPECIALLY one that is off good standing NOTHING bad against him , and NO court custody orders with xwife,(now deceased) , just a 50/50 verbal agreement between themselves ..
    ALWAYS had contact with his children , taken them on LOTS of vacations and we have pictures which the judge HAS seen , after the plaintiff lied and said Dad had no contact for the last 5 years, then had to admitt well yes she did actually live with Dad in that time.
    She is delinquent on her bills college, oh and ATTORNEY fee's so how would you like that ?
    WHAT sort of a judge then is this ?? :wallbang:
  • 09-04-2010, 09:38 AM
    Dogmatique
    Re: Court Hearing After Attorney Withdraws
    I'm not seeing prejudice or misconduct.

    Sorry.
  • 09-04-2010, 02:13 PM
    panda4
    Re: Court Hearing After Attorney Withdraws
    sorry have to disagree with you ,, other attornies out here are wondering the rhyme or reason for his actions , when we explain whats going on they are astonished he even allowed an immature person with nothing in writing or evidence to have standing to fight against her father,,, are you crazy ?
    NOT one statute states any sibling has the right to try to take children away from a biological father ,, UNLESS that father has a criminal record
    so I guess YOU need to read up on custody law

    to LIE before the judge
    to be in arrears of payments
    and no logical reason to fight her Father ..come on ,IF YOU were the Father im pretty sure you would be pissed and disgusted with the happenings here..
  • 09-04-2010, 02:39 PM
    Dogmatique
    Re: Court Hearing After Attorney Withdraws
    Quote:

    Quoting panda4
    View Post
    sorry have to disagree with you ,, other attornies out here are wondering the rhyme or reason for his actions , when we explain whats going on they are astonished he even allowed an immature person with nothing in writing or evidence to have standing to fight against her father,,, are you crazy ?
    NOT one statute states any sibling has the right to try to take children away from a biological father ,, UNLESS that father has a criminal record
    so I guess YOU need to read up on custody law

    to LIE before the judge
    to be in arrears of payments
    and no logical reason to fight her Father ..come on ,IF YOU were the Father im pretty sure you would be pissed and disgusted with the happenings here..


    None of which has any bearing whatsoever on what I actually did write. :rolleyes:

    Did I say I agreed with the decision? Nope.
    Did I say I wouldn't be horrified? Nope.
    Did I say I wouldn't be pissed? Nope.
    Did I say that a higher court wouldn't overturn the rulings? NOPE.

    However, a mistake in law (if that's actually happened here....) does NOT necessarily equal misconduct, nor does it prove any sort of ethical violation.

    Thanks for the attitude. Try reading what was actually written next time before you jump, k?

    K.
  • 09-05-2010, 03:04 PM
    panda4
    Re: Court Hearing After Attorney Withdraws
    sorry for the "attitude" BUT it got me the best answer yet ,,

    this whole episode is a farce

    and can you blame me for being pissy annoyed, frustrated , after a year my hair is falling out with frustration .. and I still think the Judge is an **&&
    he should be kicked off his seat , BUT thats MY opinion and everyone that knows us ..

    have a great holiday
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