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Questions Answered by Mark Medvesky

1 Answer | Asked in Family Law for Pennsylvania on

Q: Can a divorced dad with full custody of his 13 yr old son go away on vacation and leave his son with his visiting mom?

Mark Medvesky answered on Apr 27, 2014

At first blush I would say yes but is there a reason not to? For instance, do you have custody because the state took it away from her for some reason? Parents and make consensual temporary changes to custody orders. In fact, the court prefers parents working together. Do you have a concern his... Read more »

1 Answer | Asked in Divorce for Pennsylvania on

Q: My husband will soon be filing for divorce. He will be losing his job and receive a severance pay am I entitled to half

Mark Medvesky answered on Apr 27, 2014

This is not a simple question. If you know your husband is planning to divorce you, you should be consulting a good family attorney now. He or she can help you plan. But his severance pay should be factored in somewhere. The use of the Internet or this form for communication with the firm or any... Read more »

1 Answer | Asked in Divorce for Pennsylvania on

Q: I am thinking of getting a divorce. I reside in Pennsylvania. How are assets and liabilities handled?

Mark Medvesky answered on Apr 27, 2014

Wow, this is a broad question. In PA, we have "Equitable Distribution." That doesn't mean equal or 50/50. It means the court divides the martial property in the best way the parties can move on in a fair way... in theory anyway. So if you are the non-dependent spouse with an advanced degree and... Read more »

1 Answer | Asked in Divorce for Pennsylvania on

Q: I filed for a divorce in 2008 we have been separated since 2005 he would not sign the papers am I divorced or not??

Mark Medvesky answered on Apr 27, 2014

No. You need to file for a master's hearing to finalize the divorce. In fact, you need to check with the county to see if your divorce is still active. If you haven't done anything since 2008, the case may have been dismissed for lack of activity. You are eligible to be divorce but you must do... Read more »

2 Answers | Asked in Bankruptcy for Pennsylvania on

Q: If I am married, can I file bankruptcy without my husband?

Mark Medvesky answered on Apr 27, 2014

The quick answer is yes. The challenge is how to divide the bills and assets. But you can do it and should if you need it. The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or... Read more »

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1 Answer | Asked in Bankruptcy for Pennsylvania on

Q: My sister is in chater 13, my mother passed,how can I sell her house,as we are both co owners

Mark Medvesky answered on Apr 27, 2014

Call your sister's attorney. The attorney can work with the trustee to get approval to sell the asset. The next issue will be how the proceeds going to your sister are used. The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish... Read more »

1 Answer | Asked in Bankruptcy for Pennsylvania on

Q: New Chapter & Laws from this Januart

My brother filed chapter 7 6 or so years ago. He has been making his house payments on time. when we did not get a statement this month, we called. They said due to the new laws governing chapter 7 they can not longer send him a statement or try to collect this money in any way. They said it is not... Read more »

Mark Medvesky answered on Apr 27, 2014

You should go back to the attorney who filed the bankruptcy. I do not believe an actual reaffirmation agree is required. I have had this with car loans and people just pay their payments. Talk to his attorney. The use of the Internet or this form for communication with the firm or any individual... Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on

Q: Can public defenders in pa also engage in private practice?

A person was turned down by public defenders office. Hired a private attorney and found out after that the attorney was actually the public defender.

Mark Medvesky answered on Apr 27, 2014

In some counties yes. I do not know of any law or ethics code preventing it. Some counties only hire PD's on a part-time basis, especially smaller counties. The determination of getting a PD is need based. Another possibility is that attorney was a "conflicts" attorney. The PD, like all law... Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on

Q: What does it mean when it states "Confinement is Concurrent with Confinement"

Mark Medvesky answered on Apr 27, 2014

It sounds like you pled or was convicted of more than one count on your criminal information. It sounds like your sentence on those to counts are running concurrent, meaning the at the same time. The other term is consecutive, which would mean they run one after the other. Concurrent is usually... Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on

Q: What is he process in case of violating parole

Parole officer stated that my urine tested positive for meth. substance. I told her that i have never taken any kind of illegal drugs. I told her that i am on a antidepressant medication. i want to know what process parole has to follow to find you in violation of parole. will i get a chance to... Read more »

Mark Medvesky answered on Apr 27, 2014

The PO will file a Parole Violation (PV) and a hearing will be scheduled. You have a right to be represented and prove you did not take an illegal substance. You should contact your attorney now and ready your case now because you could end up back in jail pending your hearing once the PV is filed.... Read more »

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