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Questions Answered by Mariah Balling-Peck ESQ
1 Answer | Asked in Family Law for Pennsylvania on
Q: What are the laws now?

My neighbor who is 52 said when she was 16 she left home to live with a friend and her mother tried to get the police to bring her back but they said since she was 16 they couldn't do anything about it. Is the law the same now? If I go to school in the area that I will be living in (Chambersburg,... Read more »

Mariah Balling-Peck ESQ
Mariah Balling-Peck ESQ answered on Aug 9, 2012

A child can become emancipated in Pennsylvania with parental consent. Check with your local orphans' court for specific requirements and forms. You may also want to contact an attorney in your area.

1 Answer | Asked in Family Law for Pennsylvania on
Q: Can my daughter's father terminate his parental rights to only me?
Mariah Balling-Peck ESQ
Mariah Balling-Peck ESQ answered on Aug 9, 2012

No. Parental Rights can be terminated to others besides just the other parent. For example, sometimes grandparents have adopted children through this process. Other times, a couple who has never been able to have a child may adopt through the termination of parental rights process. There are... Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: My stepson is being charged with theft from a motor vehicle,recieving stolen property and drug para.

He's already on ARD in another county.What will happen to him?

Mariah Balling-Peck ESQ
Mariah Balling-Peck ESQ answered on Aug 9, 2012

He needs a good criminal defense attorney. He will be ineligible for ARD as he has used this up and there must be a 10 year lapse before he would ever be able to utilize the ARD mechanism again. A good defense attorney can try to get him a good plea, or if the facts warrant, take the case to... Read more »

1 Answer | Asked in Estate Planning for Pennsylvania on
Q: 85 years old would like to tansfer titile to my home to my children. will state still get if I go to nursing home
Mariah Balling-Peck ESQ
Mariah Balling-Peck ESQ answered on Aug 9, 2012

This also depends on variables. It is a good idea to transfer assets to your children while you are alive to lessen your tax burdens upon death. However, there is a catch to this. You must survive 60 months. Nursing home costs run about $7000 a month give or take and can wipe out a persons... Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Does your probation officer have the right to demand drug and alcohol testing if crime did not involve these things?
Mariah Balling-Peck ESQ
Mariah Balling-Peck ESQ answered on Aug 9, 2012

Absolutely. These are the terms of the probation. You can be in violation of the terms and conditions of your probation - liberty or street time - for failing a drug test, drinking alcohol, or committing another offense while on probation. You can check your specific probation terms for exact... Read more »

1 Answer | Asked in Divorce for Pennsylvania on
Q: What forms do I need to finalize a divorce
Mariah Balling-Peck ESQ
Mariah Balling-Peck ESQ answered on Aug 9, 2012

In Pennsylvania you will need for both parties Affidavits of Consent [which are that you agree to the divorce decree being entered], Notice of Waiver [of your right to a hearing], sometimes a Non-Military Affidavit [if not pled in the complaint], and a Praecipe to Transmit the Record [which directs... Read more »

1 Answer | Asked in Family Law for Pennsylvania on
Q: What can my husband do to see his daughter after it was court ordered but is still denied his rights
Mariah Balling-Peck ESQ
Mariah Balling-Peck ESQ answered on Aug 9, 2012

This question is very vague. If he has rights to see the child through a court order, he should exercise those rights by visiting with the child. If he neglects to exercise his rights to visitation with the child, that is very disheartening for the child. If there is a court order and the wife... Read more »

1 Answer | Asked in Divorce for Pennsylvania on
Q: I been married 5 years, can she get alimony? I have a house only in my name, can she get any of this.
Mariah Balling-Peck ESQ
Mariah Balling-Peck ESQ answered on Aug 9, 2012

Yes, she could get alimony depending on variables such as your income and her income. For example, if your income is exorbitantly higher than hers, she could file for what's known in PA as Alimony Pendente Lite - or alimony pending litigation. This is very common where a woman has stayed at home... Read more »

1 Answer | Asked in Divorce for Pennsylvania on
Q: When i get a divorce does it show up that you were married before
Mariah Balling-Peck ESQ
Mariah Balling-Peck ESQ answered on Aug 9, 2012

Generally, a prior marriage has no relevance on a present marriage or divorce action. It isn't something that "shows up" per se. It is usually something that may be known by the parties through certain marital disclosures during the course of the marriage. If you have never revealed to your... Read more »

1 Answer | Asked in Divorce for Pennsylvania on
Q: I've been separated for 7 yr, am I Intiled to a part of his retirement
Mariah Balling-Peck ESQ
Mariah Balling-Peck ESQ answered on Aug 9, 2012

This question is difficult to answer due to the lack of facts. For example, a party is entitled to part of the marital estate accumulated during the course of the marriage. In Pennsylvania, this can include the increase in value of property owned, pensions, retirement, and other assets. Under... Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: What does conspiracy-theft by deception-false impression mean
Mariah Balling-Peck ESQ
Mariah Balling-Peck ESQ answered on Aug 9, 2012

Conspiracy is essentially when someone you are with commits a crime and you are aware that the crime is being committed. Essentially, you are charged by the Commonwealth as if you yourself committed the crime, even though you may have only been associated with or involved at with the person who... Read more »

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