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Debra Denise Rainey

Debra Rainey’s Answers

40 total

  • Will I have to register as a a child abuser with a record for swatting a child on the rear at school?

    In separating one child from another I swatted one on the rear. My supervisor saw and I have been let go. It was suggested that if I file for unemployment they would explain the issue in my favor but that this would generate a criminal record and ...

    Debra’s Answer

    If I understand your situation, you are a teacher or work in a school environment and were observed swatting a child on the rear and fired. I am not sure why your employer would suggest you would have a criminal record if you have not been arrested by the police. No arrest and/or conviction, no criminal record.

    On the other hand, if a complaint of abuse to a child is levied against you to the Responsible Child agency like DHS or CYs is sworn out, the responsible agency will need to conduct an investigation to determine if abuse has occurred, in accordance with the Child Protective Laws. If the agency determines abuse as it is defined in the Law, has occurred then your name may be placed in Child Abuse registry, if abuse as it is defined in the law is determined not to have occurred, your name should be cleared.

    However, even if the agency has determined that abuse has occurred, you would still have a right of appealing any decision to place your name in the Child Abuse Registry.

    By the way, did the child cry or did the child appear affected or impacted by the swat on the rear? Were you told that a playful swat on the rear would or could be a violation of school or employer policy?

    I suggest you contact an attorney as soon as you are contacted by any agency mentioned above. I would also suggest you contact an attorney to determine if you have a cause of action respecting possible wrongful termination.

    If I can be of further assistance please feel free to contact me at Debra@DebraRaineyLaw.com

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  • Renter rights

    Hi, I'm renting a house here in PA for about 6 months, but I feel like the land lord is giving us many extra bills. Every bill that comes for the house she gives it to us to pay. A couple of months ago she even gave us a Municipal authority sewer ...

    Debra’s Answer

    First I would suggest you re-read your lease. Paying special attention the the small print. Normally Sewage, Trash and water are landlord responsibilites. However, ift may be that when you accepted the excessive or extra bills and paid thesr extra bills you by paying them changed the terms of the lease toinclude such extra bills. I suggest you immediately contact an attorney who has experience with Landlord /Tenant matters as soon a possible.

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  • What are the Penalties in PA for risking a catastrope and reckless endangerment & what are the actions given by board of pharmac

    I believe the charges were lessened to mistormeanor

    Debra’s Answer

    Both crimes you mention are very seroius and you should not attempt to deal with these charges on your own. If you have been charged you should retain a criminal attorney immediatley. As for the Pharmacy Board, and their acitons much will depend on the nature of the allegations, your prior transgressions if any, as well as the outcome of the criminal matter.

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  • I wanna get a new lawyer and fire my old lawyer because he not providing any info about my case I was stab in a club a year ago

    My case made news every Chanel I was stab in a club a year ago I was not involved at all and I did not know any of the men I have over 30,000 dollars in hospital bills and no help I can't even work I need help

    Debra’s Answer

    Before you decide to fire your current counsel there are a few things you should understand. Whatever work your current attorney has done if you fire him or her, you will still be beholden to to pay the attorney's costs and perhaps even a "reasoanble " fee. Your current attorney will have a claim against any money your recover to pay for his or her services as well as any costs the attorney has expended in your case. So not only will you have to pay the fees of your new attorney, your old attonrey will also be taking a peice of your "pie".

    Why not call, go see or write a letter to your attorney and tell him or her that you are thinking about hiring new counsel because her or she has not kept you updated and you do not like bieng in the dark. No laywer likes to hear that the client is dissatisfied.

    But also keep in mind these types of cases don't get disposed of fast. There are a number of stages that theses types of cases have to go through and the stages are excruiatingly slow and at times long. Reach out to your current attorney first and give him or her a chance before you seek new counsel. In the long run your pocket will be better for it.

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  • Can my landlord tell me i can't use the attic as a bedroom

    It is up to code for a bedroom

    Debra’s Answer

    Although, I agree with my colleague, if however, there is no mention in the lease of the attic and you are not prohibited from accessing that area, there is no reason you should not be able to use the attic. Double check all fine print in the lease. In most instances it is easier to get forgiveness than permission. But if you have received any written or even verbal prohibitions from your landlord not to use the attic then don't use the attic!

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  • Can a landlord charge me with theft of furniture that previous tenant left on the property?

    My girlfriend and i rented a home for 1 year through a real estate agency who was dealing with a private owner. The lease shows the property as 'Unfurnished" and has no mention of a set of bunk beds, a kitchen table and a night stand that were l...

    Debra’s Answer

    Check your lease, is there any mention in the lease of the furniture? Did your landlord take pictures of the property showing the missing furniture? Will the real estate agent admit he took the night stand? The criminal theft stature essentially reads, a person is guilty of theft if that person removes the property of another, knowiing that the property belongs to another with the intent to deprive the real owner of that property. If you thought the property was abandoned and not owned by anyone, you cannot be said to have committed theft. However, this does not stop the landlord from filing the charges or making a complaint, it merely presents you with a viable defense at a trial.

    I would also suggest you inform the landlord that you believed the furniture to be abandoned, particularly if the furniture was not addressed in the lease. Please coomunciate with an attorney right away. Also be prepared for the landlord to potentially deduct the costs of or an amount for the furniture from your deposit.

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  • Will I be arrested?

    I was called by a police officer this evening from another jurisdiction. He had stated that my ex girl friend asked for them to speak to me because she said that I called and was bothering her. Now it was always friendly and never threatening what...

    Debra’s Answer

    My first question is did the officer tell you the phone call was a friendly call or a warning? If a warning then your girlfreind must have made some manner of allegations against you and the officer under the law , decided there was insufficent information for issuance of an arrest warrant or citation. So the next question is was the officer a friend of your ex-girl friend or more, using his positon to perhpas bully you?

    Be careful, no matter the reason, obviously your ex does not want to have any further communications with you. You need to protect yourself and do not have any more contact with her, because if she continues to complain you could face charges of harassment, perhaps stalking and ohter similiar criminal charges.
    Best suggestion lose her number.

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  • PFA and Consent agreement Help? What type of lawyer do I need? And what are my legal options?

    I am a minor and I am looking for legal advice regarding something I believe is called a Civil Agreement. In the document it states that for the remainder of my life (as long as the agreement is active) I am not allowed to contact my ex-girlfriend...

    Debra’s Answer

    If I understand your situation correctly you and your ex-girlfriend are minors and a Protection from Abuse order was obtained through an agreement, or what you called a consent agreement. Since you are a minor it appears your parent or legal guardian agreed to the order, probably without admitting any wrongdoing. Which essentially means your parent or legal guardian agreed to the entering of the order but did not admit that you committed or did anything wrong. I

    n Pennsylvania PFAs usually are for three years, but the parties can agree to a longer period of time. Once your girlfriend turns 18, however, if she no loner wants the PFA to be in effect she has the right to go to Family Court and file a Petition to have the PFA withdrawn. Hopefully this answers your question.

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  • I was locked out of my house by a court order. landlord let me back in against court order. what will happen if i dont leave

    i was locked out of my house with court ordfer. the landlord left backdoor open and let me back in to stay for a week and then leave. What can i do to stay for just a little bit longer. we had an agreement and he broke it.

    Debra’s Answer

    Unfortunately, if the Court order gave you a date by which you were to vacate and you did not vacate when required you are technically in violation of that order. Notwithstanding the verbal agreement you and the landlord have or had. I suggest you vacate immediatley and perhaps speak with an attorney about suing the land lord for breaking his promise to you that you could stay for an extra week. Particularly if you relied on his verbal promise and wehn the landlord failed to honor this promise it caused you to spend money you may have not otherwise spent had the landlord kept his promise. Get out of there and contact an attorney.

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  • I moved to Pa in March just found out the landlord is not the owner of the property as he claims and I contacted L & I and they

    said he doesnt have a license to rent. The guy collecting the rent is not the landlord and I have never met the landlord Im wondering if the real landlord is deased. How can I find out? Should I continue to pay this guy who is impersonating as the...

    Debra’s Answer

    First and most important is that you preserve that lease that you signed. You must always establish a legal right to be in and upon property of another. I would suggest you contact L & I again and have them come out to inspect the property, particularly areas where there are repair needs. If L&I finds violations the persons responsible or holding themselves out to be responsible for the property will have to answer to L&I for the violations and you will not be required to pay rent until the violations are corrected. But don't spend that rent money put it in a savings account, where it gains interest and can be accessed when required to pay rent.

    Next I would suggest you contact a Real Estate Attorney or an attorney knowledgable in proeprty rights so that you can protect you and your children. You may even be able to take the landlord to court alleging that the landlord tricked you into believeng they had rights they did not have, this at least may get you some money to move elsewhere to a place where you can be legally protected.

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