Abuse of Power - All Counts Divorce Master

[bogusattorneys]

What is the name of your state (only U.S. law)? PA

I am not an attorney - I am a lay person. The following was taken straight from a PA County's Prothonatary’s Public Records. It should also be pointed out that the original document was handwritten on a yellow, lined, legal pad and it fit all on one page. The Plaintiff was told by their attorney they MUST sign it and that the Court could force their home to be sold if they did not sign (coercion and duress anyone?)

I would appreciate any feedback on this post. Do you think this is a legal and enforceable agreement/contract?

All Counts Divorce Master in a major county in PA. She is publicly claiming she will testify to the Court that the following is a legal agreement:
____________
"Plaintiff n Defendant 10/24/2011
Parties agree:

1. H gets house

2. W gets 83,000 w/n 60 days, but if bank takes longer for loan, w/n time set by bank.

3. W gets ½ gas well.
Payments/royalties

4. W gets stuff on her list.

5. W gets her pension.

6. Each keeps everything else they have.

7. No alimony, no counsel fees."
______________
Then there are the following signatures:
Plaintiff and Defendant signatures
Plaintiff's Attorney - the one who wrote this!!
Defendant's Attorney

That's It.
So the above is all that is written on this handwritten document.

Even if this proposal should have been an agreement - it would have already been voided because of actions that were taken after this was written. And the Defendant failed to meet the deadline of point number 1.

Also note - there is no "heading" it doesn't clearly identify what the handwritten proposal is for Isn’t this vital for a contract to be legally enforceable? Can someone please clarify?

How about the professional use of the words "stuff" and "gas well" and "no legal fees"? "No legal fees" could be interpreter as meaning there will be no attorney fees at all. Would you want to hire the attorney that wrote this?

Another PFA Attorney piped in and said that the legal system is trying to be more informal and that the word "stuff" is what the industry is trying to now conform to. Uhhh....wrong! The minute the word "stuff" can be used to describe possessions and debt is the minute the entire legal system stops earning money.

WHY WOULD ANYONE NEED A LAWYER OR ATTORNEY IF ALL? HEY ALL YOU NEED IS A PIECE OF LEGAL YELLOW PAPER AND A PEN AND SOPHOMORIC WORDS LIKE "STUFF"!!! THE REASON WHY YOU HIRE AN ATTORNEY IS BECAUSE OF THE LEGALESE. NO ATTORNEY WANTS TO SEE THE INDUSTRY MAINSTREAM ITS LANGUAGE. CREDIT CARD CONTRACTS SIMPLIFIED? YES. BUT DIVORCE LEGAL TERMS SIMPLIFIED? NO WAY IN HELL.

After doing some of my own research - According to the PA Contract Laws I can find a hundred reasons why this would not be considered a contract or an agreement that can be legally enforced.

These include but are not limited to:
Parole Evidence Rule
Ambiguity - IT IS FILLED WITH AMBIGUITY!!
Unconscionable Contract
The Legal definition of "The Elements of A Contract"
Time Frame was not upheld therefore it can be considered "Termination of An Offer"
Where contracts do not involve the sale of goods, acceptance must comply exactly with the requirements of...
Rejection and Counter Offers
Offeree's Conduct
Promissory Estoppel

WOULD LOVE ANY INPUT!!!

 

[Ohiogal]

What is the name of your state (only U.S. law)? PA

I am not an attorney - I am a lay person. The following was taken straight from a PA County's Prothonatary’s Public Records. It should also be pointed out that the original document was handwritten on a yellow, lined, legal pad and it fit all on one page. The Plaintiff was told by their attorney they MUST sign it and that the Court could force their home to be sold if they did not sign (coercion and duress anyone?)

I would appreciate any feedback on this post. Do you think this is a legal and enforceable agreement/contract?

All Counts Divorce Master in a major county in PA. She is publicly claiming she will testify to the Court that the following is a legal agreement:
____________
"Plaintiff n Defendant 10/24/2011
Parties agree:

1. H gets house

2. W gets 83,000 w/n 60 days, but if bank takes longer for loan, w/n time set by bank.

3. W gets ½ gas well.
Payments/royalties

4. W gets stuff on her list.

5. W gets her pension.

6. Each keeps everything else they have.

7. No alimony, no counsel fees."
______________
Then there are the following signatures:
Plaintiff and Defendant signatures
Plaintiff's Attorney - the one who wrote this!!
Defendant's Attorney

That's It.
So the above is all that is written on this handwritten document.

Even if this proposal should have been an agreement - it would have already been voided because of actions that were taken after this was written. And the Defendant failed to meet the deadline of point number 1.

Also note - there is no "heading" it doesn't clearly identify what the handwritten proposal is for Isn’t this vital for a contract to be legally enforceable? Can someone please clarify?

How about the professional use of the words "stuff" and "gas well" and "no legal fees"? "No legal fees" could be interpreter as meaning there will be no attorney fees at all. Would you want to hire the attorney that wrote this?

Another PFA Attorney piped in and said that the legal system is trying to be more informal and that the word "stuff" is what the industry is trying to now conform to. Uhhh....wrong! The minute the word "stuff" can be used to describe possessions and debt is the minute the entire legal system stops earning money.

WHY WOULD ANYONE NEED A LAWYER OR ATTORNEY IF ALL? HEY ALL YOU NEED IS A PIECE OF LEGAL YELLOW PAPER AND A PEN AND SOPHOMORIC WORDS LIKE "STUFF"!!! THE REASON WHY YOU HIRE AN ATTORNEY IS BECAUSE OF THE LEGALESE. NO ATTORNEY WANTS TO SEE THE INDUSTRY MAINSTREAM ITS LANGUAGE. CREDIT CARD CONTRACTS SIMPLIFIED? YES. BUT DIVORCE LEGAL TERMS SIMPLIFIED? NO WAY IN HELL.

After doing some of my own research - According to the PA Contract Laws I can find a hundred reasons why this would not be considered a contract or an agreement that can be legally enforced.

These include but are not limited to:
Parole Evidence Rule
Ambiguity - IT IS FILLED WITH AMBIGUITY!!
Unconscionable Contract
The Legal definition of "The Elements of A Contract"
Time Frame was not upheld therefore it can be considered "Termination of An Offer"
Where contracts do not involve the sale of goods, acceptance must comply exactly with the requirements of...
Rejection and Counter Offers
Offeree's Conduct
Promissory Estoppel

WOULD LOVE ANY INPUT!!!

YOu may be wrong on a variety of things. What was the final divorce decree because this is NOT it. And a court order is not the same as a contract with "termination of an offer" and all those legal terms you are throwing around but don't understand. You took one thing out of context. So what are ALL the other filings? Who are you?

 

[bogusattorneys]

YOu may be wrong on a variety of things. What was the final divorce decree because this is NOT it. And a court order is not the same as a contract with "termination of an offer" and all those legal terms you are throwing around but don't understand. You took one thing out of context. So what are ALL the other filings? Who are you?

THANK YOU FOR MAKING MY POINT!!!!
THIS IS NOT A FINAL DIVORCE DECREE. Nor is it a court order. This is just a piece of paper. And representatives of the Court are trying to use this to force this Plaintiff to give up and to stop pursing their divorce case despite the fact that the Defendant has provided zero again I say "zero" financial information. Nothing is "on the record" because everything has been done off the record in hearings with the All Counts Divorce Master.

So I agree with you - a court order is not the same as a contract with "termination of an offer". West Law does a pretty good job of defining "termination of an offer"!

 

[ecmst12]

So, if there's no final order, then it's still open and she can change her mind. It would be wise to get a lawyer and not sign anything.

 

[Just Blue]

Who are you?

Please answer this question.

 

[ecmst12]

Though, if you got it from the court records, it's possible that it IS a court order.

 

[bogusattorneys]

So, if there's no final order, then it's still open and she can change her mind. It would be wise to get a lawyer and not sign anything.

Thank you for your reply. The Plaintiff fired the attorney that wrote this months agao. And yes, they needs to get a new one!!
It was implied that since they signed this document that they cannot change their mind. In fact the All Counts Master stated that this was a done deal because of this document and that if it disputed and has to go before a judge that they will lose.

I know there are amazing attorney's out there - we just need to find one.

 

[Just Blue]

Thank you for your reply. The Plaintiff fired the attorney that wrote this months agao. And yes, they needs to get a new one!!
It was implied that since they signed this document that they cannot change their mind. In fact the All Counts Master stated that this was a done deal because of this document and that if it disputed and has to go before a judge that they will lose.

I know there are amazing attorney's out there - we just need to find one.

Sigh...

For the third time. Who are you in this situation?

 

[Silverplum]

Thank you for your reply. The Plaintiff fired the attorney that wrote this months agao. And yes, they needs to get a new one!!
It was implied that since they signed this document that they cannot change their mind. In fact the All Counts Master stated that this was a done deal because of this document and that if it disputed and has to go before a judge that they will lose.

I know there are amazing attorney's out there - we just need to find one.

You are not a party to the divorce. As a layperson, you need to be very careful that you do not cross the line of practicing "law" without a license.

You are also clearly very emotionally involved. IMHO, it's far better that you back off and disengage yourself from someone else's divorce.

 

[bogusattorneys]

Sigh...

For the third time. Who are you in this situation?

I am the Plaintiff's friend and I have the financial means to ensure that this can be pursed for a long time to come.

The Plaintiff is even seeking a malpractice attorney against the first attorney. The first attorney made so many mistakes. The Plaintiff has been told by more than one law firm that a malpractice case would be strong and is win-able but that we will need to look for a law firm outside the County.

 

[Silverplum]

I am the Plaintiff's friend and I have the financial means to ensure that this can be pursed for a long time to come.

The Plaintiff is even seeking a malpractice attorney against the first attorney. The first attorney made so many mistakes. The Plaintiff has been told by more than one law firm that a malpractice case would be strong and is win-able but that we will need to look for a law firm outside the County.

I quote myself, because I'm right; I bold myself because you need to pay attention:

You are not a party to the divorce. As a layperson, you need to be very careful that you do not cross the line of practicing "law" without a license.

You are also clearly very emotionally involved. IMHO, it's far better that you back off and disengage yourself from someone else's divorce.

 

[Zigner]

You are also clearly very emotionally involved. IMHO, it's far better that you back off and disengage yourself from someone else's divorce.

In the Navy, that's called "Hot bunking"

 

[Silverplum]

In the Navy, that's called "Hot bunking"

I am without speech!

 

[bogusattorneys]

I quote myself, because I'm right; I bold myself because you need to pay attention:

And I appreciate your advise. I do not doubt that you are right. This is the "Free Advise" site. Just looking for free advise...maybe this should have been filed under a "Contract" forum.

I never claimed to be in the legal field. As a layman I only provided information here that is also available to the public. Would love to find a law firm that could handle this.

 

[Silverplum]

And I appreciate your advise. I do not doubt that you are right. This is the "Free Advise" site. Just looking for free advise...maybe this should have been filed under a "Contract" forum.

I never claimed to be in the legal field. As a layman I only provided information here that is also available to the public. Would love to find a law firm that could handle this.

At the bottom of every page is a link to AttorneyPages.com. You can use that to find an attorney.