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2007-03-08 - 4:33 a.m.

I went to bed after enjoying pizza with my lovely au pair. I had picked up a gift card and left it for her so when I was traveling last week she could order. It turns out that we are out of the delivery area.

Not surprising as we are JUST out of most service areas! Thus the reason when our phone goes out it often takes WEEKS to get repaired!

So we got pizza and the rest is here for the girls for lunch tommorrow.

When I got my support check the first thing I did after go to Norfolk for the BAR was drop my car off for its 90,000 mile service that is due.

It clearly needed power steeering fluid.

It apparently also needs a BOOT and a hose replaced as there is a leak in it (which carries the power steering fluid)

Now I am not one to advocate polluting the environment by intentionally driving vehicals dripping fluids, however I just have to hold off on replacing that hose.

I knocked down and estimate of $3500 worth of maintenance to $950 for the recommended service needed and a few other things.

Not bad overall, especially considering that also includes a borrowed car for the week.

I am glad to have brought this car in as it also made me realize in driving this Volvo S something or other... a little thing... that is it a REALLY BAD IDEA to get a smaller vehical when I am financially able to get a 2nd car. WE have to drive on these back roads too regularly to take girls to their preschool and to get into town that a car designed for rugged driving handles MUCH BETTER and is MUCH SAFER to drive here than a typical sedan.

I can't afford to get one now. The bus works for me and it will also work for my au pair to get to class for the time being.

I did see a LEASE on the XC VOLVO WAGON for $299 a month and thought that it would be wise to just SELL my car and lease that rather than put money into mine. However, as I have a lien and loan on it I think it better to just maintain it and keep driving it. They say the cheapest car is the one you own. (Hmmm... I wonder if that is REALLY true when it comes to having driven it hard and it needing so much work.)

However I think the cosmetic repairs are not necessary.

I include fixing the window contol that is stuck as cosmetic as well as fixing the rear wiper... since not all cars have those. FOG LIGHTS are also on my fancy cosmetic list as not all cars have those.

ANd the HOSE... that's cosmestic as DUCT TAPE will likely repair any hole adequately! YES it is not as nice looking, but no one is going to be checking out my hoses and internal parts to see how attractive they are....

I was still disappointed that the bill was as high as it is.

CE la vie...

Busy this AM working on writing of legal documents. I am really going to try not to vent about litigation much. Only things I will document are those that I think IMPORTANT-- like this:

Indeed the TRIAL RECORD has to be sent by the TRIAL COURT to the VA COURT OF APPEALS WITHIN 90 Days.

I heard from one clerk in the Loudoun Circuit Record room that once filing the NOTICE OF APPEAL the record would "Automatically be sent"

I tried not to be difficult or argumentative in respectfully asserting I have the AFFIRMATIVE DUTY to request it be sent (or my appeal is not perfected properly.)

I then noted a form "REquest for File" and filled it out requesting the file be SENT TO RICHMOND. I went today to see if it was followed up on.


The clerk today said they have 90 days to do so, and insisted it was 60. Then I looked at their instructions and I MISTAKENLY READ 90 DAys which was in relation to APPEALS TO THE SUPREME COURT OF VA

OOPS I think she made the same error.

In any case the code says to file request WITH THE CLERK OF THE COURT.

I am sure that is DIFFERENT from the FILE ROOM ITSELF.

NMow what I do wish would be better for the world in general is that when people like clerks are told they are not to give LEGAL ADVICE that a DISTINCTION BE MADE between giving LEGAL ADVICE of a substanative nature, and answering PROCEDURAL PROCESS QUESTIONS about how to properly file something in a juridsiction.

I just think it not out of the scope of records clerks to be aware of those things and be capable of answering the question of "Is there a particular form to be filled out in order to request the trial record be sent to RICHMOND?"

One thing I ACTUALLY AM PLEASED ABOUT is that after the nonsensical removal of counsel on the circuit court appeal of the PPO, the oppposing counsel signed "OBJECTED TO AS THIS COURT NO LONGER HAS JURISDICTION"

That whole bit of confusion was apparently just a silly mistake made by a very capable paralegal whom I really was glad to have been so helpful working on my case with my attorney-- HEck we all make a mistake and screw up sometimes. He put the wrong file # and as we had three cases then I can understand how that occurred! BUt NONSENSICAL as it was a MOtion to remove counsel who was never on the case, and then the motion to remove the ACTUAL counsel, all filed AFTER the JUDGEMENT.

I am pleased the opposing counsel noted that, as I think perhaps that will make it CLEARER that my notice of appeal was indeed filed in the time required AFTER the judgement.

The problem is that the trial record is now just a total cluttered mess and it makes it that much harder to read and follow. The kind of thing someone will get in Richmond that could make getting an appeal GRANTED potentially harder as it is hard to tell what the heck happened. My messy handwriting of how the motion to remove counsel was in err and to be applied to another case doesn't make it look any EASIER to understand.

I envy those who actually PRACTICED their handwriting when they were suppossed to in first grade. I am SURE I never would sit still long enough to have done that.

It made me think of my classmate who landed a job with JUDGE JUDY combing cases to find ones that might work well on her show.

JUDGE JUDY's requirement for the job applicants included a HAND WRITTEN LETTER to be faxed as to why one wanted the job. HER CRITERION was in fact that she wanted to hire the person who had the neatest handwriting as well as being a good clear researcher and writer.

Back to my job of EDITING my latest creation of a legal document.

My latest theory is that this action for unlawful detainer may not really be a real threat UNLESS I fail to file a responsive pleading to Westely's cross bill... wait that's old VA JARGON I just got down when it changed.... They aren't calling it a "bill" any more... Cross COMPLAINT for DIVORCE on the GROUNDS OF ABANDOMENT.

He handed that to my attorney on FEB 8th when in court. I did take note of it and went and read it. But then we were absorbed in the MOTIONS to remove counsel etc... and I responded to his MOTION for Separate Maintenance and the PENDETE LITE etc... but I hadn't yet filed my RESPONSE to his CROSS CLAIM for DIVORCE.

It was likely due at that magic # of 21 days after filing which lo and behold fell on MARCH 1

AH HA Thus him hoping he can argue HE IS DIVORCED since I didn't respond yet, right? And thus he was able to file the MOTION FOR UNLAWFUL DETAINER.

So filing my MOTION FOR LEAVE OF LATE ANSWER if I have to which I HOPE is TRUTHFULLY LIBERALLY GRANTED. My attorney indicated such and it appeared the court indeed honored her request and did allow a late answer in the nuptial matter.

In any case, I have to get moving here to be sure my PREACIPIE and MOTIONS are in proper form and filed properly today.

I started to write in an effort to take a break and relax as I have the DAUNTING JOB OF MASSIVE EDITING of the way too long pleading I hope to make succinct and clear before filing. I hadn't time to edit the last one, and it was just TOO LONG.

I also have to look up the CORRECT MANNER to request the trial record be sent to the VA APPELATE COURT as I intend on being sure that is perfected on time as well.

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