Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Clark Mitchell
1 Answer | Asked in Divorce for Pennsylvania on
Q: Hi! I am going through a divorce. My parents and I bought our house before husband and I married. How is it divided?

When we first bought the house (my parents and I) the deed/title was in all 3 names and the mortgage was just in their name. I refinanced while we were married but the mortgage is in my name only (and the deed/title is, too).

Clark Mitchell
Clark Mitchell answered on Feb 13, 2017

If you purchased the property pre marriage then only the increase in value during marriage potentially becomes marital property.

1 Answer | Asked in Divorce for Pennsylvania on
Q: how do I get my name off a loan I cosigned for years ago?

I asked my ex twice and called the bank to no avail. Is there any other way to get my name removed? A letter from a lawyer?

Clark Mitchell
Clark Mitchell answered on Feb 5, 2017

If you didn't take care of it in the divorce settlement you might be stuck. Financial institutions are reluctant to remove a name unless one of the parties refinanced the loan. Check with your Ex to see if they will refinance the debt.

2 Answers | Asked in Civil Litigation, Libel & Slander and Personal Injury for Pennsylvania on
Q: Is there case law where concussions and permanent brain damage extended personal injury statute of limitations ?
Clark Mitchell
Clark Mitchell answered on Feb 5, 2017

The answer is two years from the date of the accident unless you are a juvenile. Then it is two years after you become 18. In a medical malpractice case the statute is two years from the time of the occurrence or two years from the time that you learned the occurrence was a result of medical... Read more »

View More Answers

2 Answers | Asked in Car Accidents and Insurance Defense for Pennsylvania on
Q: A lady ran a stop sign and caused an accident with her husbands car but he told insurance she didn't have permission to

Drive the vehicle and there fore he is not responsible to fix damages made to my vehicle from her ?

Clark Mitchell
Clark Mitchell answered on Jan 31, 2017

Unfortunately you will need to consult legal counsel. There are numerous questions: Is the wife living with husband, Is she named under the liability policy, What was her purpose in driving his care, what is their history.

View More Answers

1 Answer | Asked in Divorce for Pennsylvania on
Q: Can my husband sell our farm without my consent even though we are currently (not legally) separated?

I am not on the deed to the farm, but it was purchased after we were married with marital money. He will be receiving my divorce complaint in the mail this week. We have a prenup agreement but it only covers the properties that he owned before marriage, and my lawyer says that it is very... Read more »

Clark Mitchell
Clark Mitchell answered on Jan 29, 2017

Absolutely he can sell it. You need to contact a lawyer asap to file a complaint in divorce and then a petition to freeze all assets.

2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: Can they stop workmans comp. for smoking marijuana that is used for chronic pain and depression?
Clark Mitchell
Clark Mitchell answered on Jan 27, 2017

First of all Comp can't be stopped without hearings and order of the Judge. If marijuana is legal in the state and doctor perscribes it,probably no. In Pa it is I believe still illegal. So the defense would try to stop your benefits. Whether they would win or not depends on much more

View More Answers

2 Answers | Asked in Personal Injury and Workers' Compensation for Pennsylvania on
Q: The Injury Info on a Supplemental Agreement for Compensation-Disability/Perm is wrong. Does this matter & should I sign?

I also received a Notice of Suspension or Modification but was taken back out of work by the doctor the same day this form was created. I have not challenged the Suspension due to receiving the new Supplemental Agreement for Compensation for Disability or Permanent Injury document the following... Read more »

Clark Mitchell
Clark Mitchell answered on Jan 27, 2017

You need to file an Answer to the Suspension just to protect yourself. Not having seen the Supplinental Agreement it would be difficult to give you the proper answer.

View More Answers

1 Answer | Asked in Divorce for Pennsylvania on
Q: Are there time constraints on how long it can take to get my settlement?

Our last court date was 10/21/2016. It was decided that I'd get a small portion of his 401. At last inquiry, I was told his lawyer still going over paperwork and my husband still had to sign. We had nothing together but 401's and a car which he traded so I wouldn't get in the... Read more »

Clark Mitchell
Clark Mitchell answered on Jan 26, 2017

It can take a few months to complete all the paper work. First, you need to sign a settlement agreement with your husband. Then the company handling the 401k will need to have a qualified domestic relations order. This process can take up to 3-6 months. If you have concerns contact your lawyer

2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: I smoked marijuana while on workmans comp and they found out. Can they stop my benefits?

I use it for depression and chronic pain. Thank you

Clark Mitchell
Clark Mitchell answered on Jan 26, 2017

It would all depend. If the use of marijuana affects your ability to do your job and is keeping you from returning to work, then yes. Otherwise if you use it at home it's not relevant in my opinion

View More Answers

2 Answers | Asked in Divorce for Pennsylvania on
Q: Can I change the locks on the house so my husband can't come in?
Clark Mitchell
Clark Mitchell answered on Jan 25, 2017

If one spouse leaves the house voluntarily or under Court Order, you may change the locks.

View More Answers

1 Answer | Asked in Divorce for Pennsylvania on
Q: Would like a divorce from my husband but have a feeling he will go under ground and I will not be able to find him

Can a written notarzie statement from him work

Clark Mitchell
Clark Mitchell answered on Nov 16, 2016

There are procedures in place under Pa. statutes to obtain service on your husband that will help you to secure a divorce. Consult with a divorce lawyer to understand your options.

2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: Is workers' comp the same as disability?
Clark Mitchell
Clark Mitchell answered on Nov 7, 2016

The answer is generally no. Workers Compensation means that you are not able to perform the duties of your job due to a work injury. When you recover then you are expected to return to work at your job. Disability on the other hand as defined under Social Security means you are not able to perform... Read more »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.