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I just don’t know

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  • William Greene
    On July 17th the judge denied our Request for Leave to file the Interlocutory Appeal of the Court’s July 11th Order denying of our Motion For Refusal of
    Message 1 of 4 , Jul 21, 2008
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      On July 17th the judge denied our Request for Leave to file the Interlocutory Appeal of the Court’s July 11th Order denying of our Motion For Refusal of Notice of Appearance And To Strike All Pleadings In The Name Of The United States Because the United States is not a Defendant in the Captioned Case, and further the Request for the Order of a Stay of proceedings in the Name of the United States as a Defendant to allow the Court to certify the question of the Court’s Error, for the United States cannot be both plaintiff and defendant at the same time.  

       

      According to the July 17th we could have to filed the Interlocutory Appeal as a matter of Right but that the Court would not Stay its’ proceedings and according to the Court Calendar, on Friday July 18th at 09:30 AM our Motion for Injunctive Relief to allow us to go back to work and the Government’s Motion to Dismiss was scheduled to be heard.

       

      I checked all day Friday and then again this morning and the Court’s decisions in these matters were still not posted on the PACER Service Center web site, which is the official site for the Court’s records, so I went down to speak with the Court Clerk.

       

      According to the Court Clerk, the only thing they could tell me is if it was not posted on the PACER Service Center web site then a Decision in these matters had not been made.  And that further, that it is not uncommon for Decisions to take several months.

       

      I NEVER HEARD OF SUCH A THING%^%%($&^%#&$#&$(

       

      Bob Schulz and his wife gave me $500.00 to cover the $455.00 filing fee to file the Interlocutory Appeal and the postal fees to certify mail all mail all parties as the notice of our request.  But with the July 17th denial of our request, Bob said to use the $455.00 for the filing fee for the Appeal to the Second Circuit if the Court honors the Government’s Motion for dismissal.

       

      The big problem is that a friend allowed us to stay in the house his mother had lived in before she died and with the house being in probate the deal was we could stay here until it was sold.  The sale of the house is now before the judge and we now have about ten days left before we have to get out.  I mean, we have a three-room tent, but I won’t have the electricity to power a computer and printer to continue.

       

      My wife and I spent about three hours talking with a priest I used to work with in the past named Fr. Peter Young, and according to him he is unable to help me because most of his housing opportunities have been lost in a mortgage crisis and the properties are up for auction.   The only thing he could suggest was Homeless Housing and Travelers’ Aid, and right after Court Clerk said it could be as long as couple of more months more before a decision is made we went to talk with them.  I haven’t filled out the paperwork for them because I hesitate to start filling out forms using my SS number and past income (although I have shown gross figures in the suit my net is stated in the suit to be a matter in terms of my Right to Privacy). I mean, I do have a lot of faith and I believe if I keep talking about it something good will happen to allow for the resources to continue, but I really have no answers right now.

       

      What the heck, I mean I am being negative in assuming that the judge will deny our Motion for Injunctive Relief and grant the Government’s Motion for dismissal, and there is always the possibility that I will be granted the right to go back to work.  I just don’t know and the way things stand even the Court Clerk can’t tell me when they finally get around making a decision to posting it on the site.

       

      Blessings,

      Bill

    • Gary D
      within the ORDER it says: The appeal of that order does NOT require LEAVE of court and plaintiff s are ALREADY entitled to FILE such an APPEAL. Gary On July
      Message 2 of 4 , Jul 21, 2008
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        within the ORDER it says:

        The appeal of that order does NOT require LEAVE of court and plaintiff's are
        ALREADY entitled to FILE such an APPEAL.

        Gary


        On July 17th the judge denied our Request for Leave to file the Interlocutory Appeal of the Court’s July 11th Order denying of our Motion For Refusal of Notice of Appearance And To Strike All Pleadings
      • Steve
        In order to provide at least the basic information, I will need to outline the situation. I hope this post qualifies to be posted. I am one of two children
        Message 3 of 4 , Jul 25, 2008
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          In order to provide at least the basic information, I will need to
          outline the situation. I hope this post qualifies to be posted.

          I am one of two children born to my parents. I am 58 and my sister is
          55. She has one child, and I have 3. My father died in 1985 and left a
          paid for house and about $350,000 cash. My mother was 13 years younger
          than my father, and she was 58 when he died. Certain ownership of the
          house and some rural property was left to me and my sister except that
          my mother was given usifruct of our part as long as she lives (this law
          is somewhat unique to Louisiana, I think).

          Between 1985 and 2000, my mother worked and lived alone in the house dad
          left. About 2000, she had a mild stroke and had to stop working.
          During this 15 years, she spent most of the $300,000 dad left her (in
          cash) except for about $70,000. Her health continued to deteriorate,
          and in late 2001, it was decided that she would sell her house and live
          with my sister (who was divorced and single). The house was sold and
          all of the proceeds basically went to my sister so that (supposedly) she
          would afford to build a big enough house to accommodate her 'things' and
          my mother's 'things'. My sister was earning a salary of about $90K at
          the time, btw. I requested that my portion of the house be 'earmarked'
          in my name so that at some point in the future and after my mother was
          passed, if my sister sold the big house she was able to buy by using
          part of my inheritance, that I could get it back - my sister refused to
          do this.

          They bought a quite large house in 2002 and paid $350,000 for it. In
          2005, my sister sold that house for $460,000 and they moved. Now, my
          sister and my mother live in a house worth approximately $700,000
          outside of Atlanta and I live in a house worth about $230K and owe $200K
          on it.

          Now, in 2002, we learned that my mother had run up a lot of credit card
          bills which she could no longer pay because she couldn't work and would
          only be getting social security. We all 3 decided to transfer (donate)
          the basically worthless 40 acre piece of rural property to my sister in
          case in creditors came against my mother. The verbal agreement among
          us, and also made to the family lawyer who handled the donation, was
          that my mother would still be boss of the property and for family
          purposes, still own it and that my sister would transfer it back to her
          on demand by my mother.

          Now, my mother is 81 and in very bad health with many problems. She
          takes many kinds of medicine, some of it pain medication (she has severe
          stenosis in her spine) and mood altering medication. She is under the
          total control and care of my sister.

          Well, a few months ago, we leased the mineral rights to the 40 acres (I
          still technically own 3.3 acres of it, but mama has usifruct of even
          that) and we have since learned that there is an excellent chance of
          natural gas being drilled for. They have done a seismic survey very
          fast, and are planning to drill a well. I have been told that the
          nominal income that would come our way if natural gas is hit, is $1000
          per month per acre.

          Now, my mother has asked my sister to transfer the property back to her
          so that she her WILL can apply to it again (if she doesn't own it, she
          can't will it). My mother wants half of the property to go to my sister
          and her son, and half to me and eventually my children after she is
          gone. My sister has adamantly refused to transfer it back. Oh, I left
          out one other thing... my sister 'robbed' my mother's mutual fund
          (without telling my mother and because mother had given her power of
          attorney) and emptied it completely in order to make a down payment on
          the big house in Atlanta (that is all in my sister's name). A Louisiana
          lawyer told me that my mother could sue my sister under a Louisiana law
          called 'ingratitude', and revoke the donation of the property.

          BUT, my mother is too 'weak minded' and under the influence of all kinds
          of medication to have the willpower to do anything.

          My question (hope this isn't too long) is this .... What would it take
          to have my mother declared mentally incompetent to make these types of
          decisions and for me to be able to sue my sister to have the property
          returned to my mother's name? I don't think this can be done, but I
          thought I'd ask anyway since it is so important for the future of my 3
          children now. My sister will not commit in any way, in writing, that
          she will leave anything of the property or income to me and my children.

          Thanks, Steve

          --
          "Where the people fear the government, you have tyranny; where the government fears the people, you have liberty." - Thomas Jefferson
        • pldionne@comcast.net
          Boy, it sounds like my sister and yours must have come from the same mold! To get your mother declared incompetent is a long process and could back-fire and
          Message 4 of 4 , Jul 25, 2008
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            Boy, it sounds like my sister and yours must have come from the same mold!

            To get your mother declared incompetent is a long process and could back-fire and your sister end up getting total control. First step would be to petition the Court asking for the declaration of incompetence. The Court would then order an evaluation by doctors of their choice. If you start the process and have your mother evaluated by a couple of doctors, the Court may rule based on their evaluations. In any case, the Court should appoint a guardian over your mother's affairs, and that could be how your sister could get control. If she shows the Court that your mother has lived with her, and she has provided adequate care, the Court would most likely appoint her as guardian and then she could make any changes she desired without you having grounds to fight those changes.

            Paul

            -------------- Original message ----------------------
            From: Steve <svanos2@...>
            > In order to provide at least the basic information, I will need to
            > outline the situation. I hope this post qualifies to be posted.
            >
            > I am one of two children born to my parents. I am 58 and my sister is
            > 55. She has one child, and I have 3. My father died in 1985 and left a
            > paid for house and about $350,000 cash. My mother was 13 years younger
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