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[TorchTheWitch]

247. I haven't been evicted

There was no judgment that I had to leave at all. The judgment was that I could remain on the property as long as I paid X amount of money to the landlord in just a few days that I couldn't possibly do and continue paying the rent unless I wanted to move... and of COURSE I want to get the hell out of here and have wanted to for years but didn't ever have the money to do it. It costs a LOT of money to rent another place and that can't be done without a job and without that money to pay at the time of signing a lease.

I've known for years I was never going to get my security deposit back, and thanks to that shitbag of a district judge he never let me refute her saying that I didn't pay her a security deposit or last month's rent and I had that document with me that I certainly did. The second I opened my mouth he shut me down immediately as he did whenever I tried to refute anything she said by interrupting me immediately and asking me stupid questions about something else. He never should have been having the hearing in the first place since I was never served a Notice to Quit which is mandatory by PA law before a landlord can file an eviction. I brought that up first thing, he questioned her about that and she admitted she didn't serve one. At that point by law he had to stop the hearing yet he continued with it anyway. I got utterly railroaded by that asshole.

The clerks in his court do nothing but generate paper and schedule hearings. He reads nor signs anything, and they just rubber stamp his signature on everything. They don't KNOW anything about what's on their own forms. And right on their own form that the landlord had to use to file the eviction it says right on it to check the box if you served a Notice to Quit and that it had run it's course according to PA law, and she didn't check that box, but the clerks had no idea what that meant and just went ahead and let her file the eviction that they scheduled the hearing for. ALL the district judge does is show up for hearings every Tuesday morning. ALL the rest of his time he spends working in his own law firm as a partner. He's THE judge of the district court, and there is no one higher than him... it's HIS court. The single fact alone that no Notice to Quit was ever served on me all by itself would appeal his ruling since that's PA law, and he wiped his ass with it.

A Notice to Quit is a tenant's legal rights. It notifies the tenant that they have 10 days (in PA) to either pay the rent in arrears or move out and that by the end of that 10 days if the tenant does neither ONLY THEN can the landlord file an eviction proceeding. My legal rights by that one thing all by itself would overturn his ruling on appeal. I just never cared about that. ALL I ever wanted to do was get the hell out TO somewhere.

That was the only reason a did the appeal - just to buy time so I wasn't thrown out the door with nothing and could have a small window of time to get a job and make as much money as I possibly could before I had to pay the court again, move out TO somewhere and default on the appeal. I HATE it that all that money I've had to pay the court goes into escrow that she gets as soon as I default on the appeal. I just wanted one month where I didn't have to pay anything to anyone and use every penny to get out and rent some bitty little place in a bad neighborhood if that's all I could afford to do in one month and be done with the situation and with her.

That one month was this month and thanks to her suing me, I had to spend almost all of it writing and filing the nearly two inch thick Answer/New Matter/Counterclaim myself, and once again file it with a pauper's petition that I had to wait to be granted. I even had to file an Entry of Appearance for my own self the court also charged a fee for though the fees were all waived by my pauper's petition being granted. Then it was back to the court to pick up the timestamped copy to be sent to the scumlord's attorney. That I finally got done the Friday before last. On top of all that I had to do battle with the welfare office getting approved for food stamps and medical insurance that was all I could get. Still, I made some time to work on getting a job and got an offer from the best catering company that does most of the rich Main Liner's events that pays very well but couldn't take because by then I couldn't put gas in the car to get to that one event nor buy the few pieces of the uniform I had to have. I came up with an excuse as to why I couldn't take just that one event which wasn't so far from the truth - I was sick as a dog. Thankfully, they still want me for other events, but they sure aren't going to if I'm on the street and they don't even have a way to contact me anymore.

I know I can't hang my hat on anything which is why I spend so much time turning myself inside out in the bathroom and trying every minute of every day to find some way out of this horror. I've never had the enormous luxury to hang my hat on a damn thing. Constant giant obstacles get put in my path, and just last week with the dingbats at the welfare office scaring the shit out of me threating to take away my food stamps and medical insurance after all the time and hoops I had to jump through just to do that wasting a day I needed to go to an audition to go to their office and spend hours in the waiting room only to find out that someone screwed up and there's nothing wrong with my benefits. Then the very next day similar hell with the water company that took all day to find out that no, their automated message threatening to shut off my water in two days if I didn't immediately pay the bill was also a screw up by someone that scared the shit out of me and once again cost me another day. Every day for two months I expect some fresh hell, and very often I get one - or more than one. I didn't expect the worst to come from my own case worker that did not one single thing she said she would do never told me she wasn't so that I could and wasted days of my time with meeting she only bothered to show up for for one of them when there was no reason anything we did or talked about couldn't have just been done on the phone. She was on vacation all the week before last and never bothered to tell me, nor did she tell me that she was also taking vacation time last Thursday and Friday.

I'm not trying to use an ESA as a way to not be evicted, I'm hoping that a reasonable accommodation has to be made because of him so we aren't thrown out on the street. Given with what the Federal law says about an ESA being just as medically necessary as any other prescription that is medically necessary I can't be put into a situation where I can't have my medical necessity or that would be detrimental to my medical necessity. Clearly, being thrown out on the street would either force me to be without my medical necessity or cause serious detriment to my medical necessity. Therefore, logically I'm not seeing how I could be forced into any position like being forced to live on the street as I would either have to choose between doing without my medical necessity for his well being or force my medical necessity into a position he couldn't survive. Thus, I'm not seeing how I can be forced into having to either lose him for his sake or have to put him in an environment that no question would be detrimental to him, so I'm not seeing how no reasonable accommodation in that particular situation wouldn't have to be made. Shelters being legally exempt from having to accommodate an ESA works in my favor... if I could go to a shelter still losing everything else I own but still have him with me than no reasonable accommodation would need to be made. But seeing as my useless case worker never bothered to get me on the waiting list for the shelter it's WAY too late for me to get in it even without having my ESA at all.

All of my dogs have always been medical necessities for me anyway and was the biggest reason I got my first one and part of why I chose the particular breed. Due to past traumas I'm way over-paranoid about my personal safety particularly in my home. Without my dog I'm panic stricken feeling extremely unsafe. Even WITH my dog I'm still over-paranoid about all windows and doors being secured. Once I got my first dog I also found out that he more than even my meds can break the panic cycle because of forcing me to have to focus my mind on him and his needs or wants. Even the nightly walks with all the dogs I have had are my biggest therapy.

This both me and my shrink have always known since I got my first dog in 1993, but neither one of us knew there was any laws about ESA's, so it never occurred to either one of us to legally make any of my dogs a legal and registered ESA. This was something one of my brothers brought up that he knew a lot more about than I've been able to find out myself and that I told my case worker the first time I met her was my biggest priority other than my getting a job. She told me that she would deal with looking into the ESA thing and find out what it all meant and how it was done, but she never did, and I never found out she never did until very recently along with finding out she never got me on the waiting list for the shelter or did a single damn THING she said she would do. When I first met her I thought she was the bees knees and she's dropped the ball on me with EVERYTHING. I got more actual help in one phone call with the case worker that was covering for her on Friday then I ever got from her for over a month. He found out right away while we were on the phone as I was explaining the ESA thing how to go about it, what exactly I needed from my shrink with just a letter and the website to register my dog online as soon as I got it. It took him only 5 minutes. Had my own case worker done that 5 minutes that she said she would and that I was not to worry about myself and to deal with other things Yoshi would have already been legal and registered for over a month. Instead, I have to deal with this myself in the 11th hour. Like I need more stress piled on. I could gouge out her eyes.