Reflex Sympathetic Dystrophy (RSD and CRPS) Reflex Sympathetic Dystrophy (Complex Regional Pain Syndromes Type I) and Causalgia (Complex Regional Pain Syndromes Type II)(RSD and CRPS)


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Old 06-15-2009, 07:39 AM #11
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Pete,

I am not a lawyer, and I don’t know Pennsylvania law, but I think that everyone is entitled to be represented by council. There must be some type of "emergency relief" available that can put a halt to the execution of the court's ruling, based on the fact that you asked for an extension until you were represented and the court refused to grant it.

Is there some kind of state or local legal aid association that you can contact to get something done fast? (Deal with your original skunk lawyer later.) But first, you need to keep from getting moved out of the house and so on.

Keep us posted. All the best to you,

Mike
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Old 06-15-2009, 12:12 PM #12
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Quote:
Originally Posted by Imahotep View Post
Best of luck. I hope it works out for you somehow.
I hope everything works out for you too.
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All the best, Marleen
=====================
Work related (car) accident September 21, 1995, consequences:
- chondromalacia patellae both knees
- RSD both legs (late diagnosis, almost 3 years into RSD) & spread to arms/hands as of 2008
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Old 06-15-2009, 12:29 PM #13
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Hey Pete,
Just wanted to let you know how bad I feel for you and to tell you DON'T GIVE UP! You are strong even if it doesn't seem like it somedays you are. You are a great person and what everyone says to do I 100% agree. First do get your appeal started ASAP and later deal with your attorney. Get a different attorney that knows what he is doing there has got to be someone out there for you. Don't let her take everything from you like that. You deserve a fair trial and THIS DEFINITELY WAS UNFAIR! If there is anything i can do to help you out please let me know. I will be here for you. My sister went through a divorce and she had to get letters from a certain amount of people saying what kind of person she was and I was one of them that was selected and I did everything I did so I could help her. Well hers ended up with her winning partly because he was a no show. But I am really serious if there is ANYTHING i can do to help you please let me know I will do whatever it takes to help a great friend like you out. Don't forget about the man upstairs he is always there for you even though somedays it doesn't seem like it somedays especially days like you have had but he really is upstairs for you. Please try not to get to stressed out as this is not good for your condition. you don't want to let her make you hurt more,number one she is not worth it and number two as long as you don't give up yet think of the big party you can throw when everything is all said and done...lol. But seriously don't ever give up.
Take care and keep us all updated. My prayers are with you.

Sincerely,
Tracy
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Old 06-15-2009, 02:48 PM #14
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Pete -

Now, I am a lawyer, but on inactive status with the State Bar of California. So I'm unable to give legal advice under California law, much less that of the Commonwealth of Pennsylvania. That said, here are some "common sense observations":

First of all, assuming the report of the master is only that, it may require the entry of a court before it can be executed on. Check that out ASAP.

That said, my principle concern is that if you take an appeal and/or contest the report of the master, then the reviewing court, presumably the Court of Common Pleas has only the evidentiary record that was before the master: UNLESS YOU ARE ENTITLED TO A HEARING DE NOVO ON THE MASTER'S REPORT. (Meaning from the start.)

Therefore, unless you are entitled to a hearing de novo, WITH THE ABILITY TO SUBMIT NEW EVIDENCE, it is also vital that you find out what the time limits are for bringing A MOTION FOR REHEARING before the master and then break your posterior to get a copy of the pre-nup and your relavent medical in advance of the filing date. The motion must explain why you used reasonable diligence in attempting to get this before the master at the first hearing (you thought your lawyer was taking care of it, etc.) and then ask for reconsideration based upon the pre-nup and medical records, the pre-nup at least you would attach as an exhibit to your affidavit, which would also address, under oath, your prior reliance upon counsel, etc. As far as medical records are concerned, you want to include copies of what you believe are the most relevant medical records, including corespondance you got from Schwartzman as well as the notes of your current treating physician. And where s/he is in a better position to authenticate his/her medical records than you are, you want his/her affidavit as well. (And see if s/he can authenticate Schwartzman's letters as records that appear and are regularly maintained in his/her medical files; otherwise, authenticate and attach it/them to your own.)

The reason this is so important, is that if the motion for reconsideration is denied, then you can seek review, either by way of appeal or contesting the approval of the master's report, from BOTH the initial ruling and the denial of the motion for reconsideration: that way the copies of your pre-nup and your medical records are in the record and before the reviewing court.

Good luck, Man.

Mike

ps I wish I could offer more, but my only contact with the Municipal Court or the Court of Common Pleas in Philadelphia was in 1973 when I lived in Center City, shortly after taking a leave of absence with terminal incompletes from my college, that place between 30th and 40th Streets, Chestnut and Spruce. I first got busted for putting my trash out a few minutes after pick up, and had to appear in the "rat control" muni court, where everyone was duly and individually admonished and the charges were dismissed. More significantly, I was the complaining witness in a holdup case, where they kept putting the matter at the end of the calendar so that it would have to be continued, in hopes that I wouldn't show up at some point so it could be dismissed. Finally, after six months of this, when it became clear that I wouldn't go away, trial went forward, the court denied a defense motion to suppress the lineup because the defendant was wearing the same clothes he had on at the holdup and subsequent arrest a few hours earlier (little did the defense know that I had been given a ride to the police station by the arresting officers). In any event, it didn't make any difference, half way through my testimony the judge announced that he was entering a judgment of acquittal for the defendant: apparently, where the kid (18) had already spent 8 months in county jail, unable to post bond, the court didn't want to hand him his first adult felony conviction for what was in essence a kid-upon-kid robbery. Only problem was that a few days later the guy who had been the alibi witness at trial, and someone else I couldn't see clearly from my first floor apt. window, tried to break down the front door of the building. The guy at the front door split as the cops showed up, and while they picked up and verified the identity of the alibi witness who was starring in from the car, they had no basis to hold him. A few hours later, the phone rang, breathing, no one there. My girlfriend and I left ASAP for the apt. of a former roommate, and we spent the most of the night with him in South Jersey. By the next day, my 19 year old, bearded long haired gnome of a self, was officially under the wing of the Witness Protection Program of the Philadelphia Police Dept., along with my girlfriend, until our parents heard about it a few days later, at which point our chains were jerked but good, and we moved into her family’s good sized home in Croton on Hudson NY, commuting by train a couple of times a week so she could finish up her art school classes and I could see my shrink, before she transferred schools and we moved to Minneapolis a few months later.

Funny part was, a few months after our move to Minnesota, someone gave me an MMPI and when I got to "There are people who want to kill me," I had to answer truthfully: Yes!

Last edited by fmichael; 06-15-2009 at 11:00 PM. Reason: HER family's good sized home . . .
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Old 06-15-2009, 08:50 PM #15
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Quote:
Originally Posted by AintSoBad View Post


I love you all here,

Pete

Asb....????
And we love you right back.

Take care, and the best of luck to you. Don't you DARE give up!!!

XOXOXO Sandy
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Old 06-15-2009, 09:37 PM #16
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Don't give up Pete, you gotta get in there and fight right back!

You know we all care about you here!

MsL
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Old 06-15-2009, 11:32 PM #17
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You definately got family here! We are all wishing you the very best outcome in this matter!!!
Thanks for being there for me over the last few weeks. You are a great friend! Di
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Old 06-16-2009, 12:31 AM #18
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Heart Pete...remember



You know this to be true, my friend, right?
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A Positive Attitude Will Assist Me Toward An Active Life, Once Again
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WC Injury 03/24/07;Two Right Knee Surgeries on 5/22/07 and 01/16/08. Surgeons and Physical Therapists ignored my concerns of burning pain, swelling, and no improvement and getting worse. Diagnosed RSD/CRPS I/Sympathetically Mediated Pain Syndrome/Chronic Pain on 06/2008 by family doc;on 08/2008 and 12/2008 diagnosis confirmed by two WC PM Doctors: Both legs;hips; hands; and spine effected by this culprit. SSDI granted 01/2009.
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Old 06-16-2009, 04:22 AM #19
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It's 5 am, I've been up for hours. Shaking, crying, shivering.
Pain is wicked bad, and tears flow like a river.

True, my wife has taken all her best shots.
I have not taken a "swing" yet.
No counsel!

I will not give up, I could fight this fight for Anyone, yet, why does it seem so so difficult, to do for yourself?

I just want to thank you ALL, for coming to my side! You are the best family a guy could want!
I truly love you all!

(Lord knows, how I hate being the "needy" one).. But, you ALL , humble me!

Pete

asb
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Old 06-16-2009, 06:29 AM #20
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Wow I am so sorry. Divorce is stressful I have heard from my family members and on top of the current health you have to face I can't even imagine. Do you have family/friends to help you fight this battle? I would reach out in real time as much as you can. Is there a way you can get another lawyer. I too would go to the office and wait or call every hour if you are not up to it. Then I would file a complaint cause that is unacceptable. I am so confused but if her name is not on the house then why can she get it? Your health conditions really should have nothing to do with this. They are seperate problems. Actually I feel with your health problems you should be given more since unable to work etc often. She sounds like she is healthy physically. Well you are in my thoughts and I hope things look up soon
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