Questions Answered by Cary B. Hall

Q: My ex has left the dog with me for 2 months with no contact. Can I claim full ownership?

1 Answer | Asked in Animal / Dog Law for Pennsylvania on
Answered on Dec 17, 2018
Cary B. Hall's answer
I think at this point, it's pretty safe to say the dog is yours. If he wants the dog back, let him file a lawsuit against you in small claims court and then he can try to convince the court otherwise. At the very least, if a court would ever order you to return the dog to him, it would only be after he pays you back for all dog-related expenses incurred since he left the dog with you -- so make sure you have saved receipts, credit card statements, etc. for everything you've spent, just in...

Q: criminal charges (DUI) in two counties; time served counted for second county concurrent with first count?

1 Answer | Asked in DUI / DWI for Pennsylvania on
Answered on Dec 16, 2018
Cary B. Hall's answer
No idea. It depends on your particular case(s), whether there was bail set in the second county before or after the first charges, etc.

A criminal defense attorney is going to have to sit down and compare the paperwork and dockets in both cases to answer your question. Your best bet is to hire one to do so. That attorney can also advocate for you so that perhaps you CAN double-dip with the time served so that both counties are satisfied.

Best of luck to you.

Q: MVA in PA after sunset on PA Hwy. Oncoming motorist had no headlights on collided with left turning vehicle. Caselaw?

2 Answers | Asked in Car Accidents for Pennsylvania on
Answered on Dec 16, 2018
Cary B. Hall's answer
If you're asking for a Pennsylvania attorney to do free legal research for your case, good luck with that.

What you ought to do is contact a Pennsylvania attorney and arrange for a consultation. Many attorneys *do* offer free consultations, but at least go through the proper channels to get to that point. If you want an attorney to do work on your case, however, expect to pay that attorney -- just like you expect to be paid to do your own job.

Best of luck to you.

Q: Citation threw the mail saying operating a vehicle with a televised object in my vision.. never got pull overr..

1 Answer | Asked in Consumer Law for Pennsylvania on
Answered on Dec 16, 2018
Cary B. Hall's answer
Go tell it to the judge, esp. if you weren't driving. But the way the cop can prove that you were driving is that he/she can *ask* you -- under oath -- in front of the magisterial district judge. I suppose you can "plead the 5th" and refuse to testify, and the judge may then toss the citation out for lack of evidence.

Best of luck to you.

Q: A girl bought a puppy and wasn't able to care for it. It's been living with me for 4 years. Now she wants her back.

1 Answer | Asked in Uncategorized for Pennsylvania on
Answered on Dec 16, 2018
Cary B. Hall's answer
Initially, as they say, possession is 9/10th of the law. So there's that.

I believe no court would award possession of the dog to this girl. She gave you the dog, and you've done everything to care for it. Unless the girl has some sort of writing that specifies that she never intended to relinquish ownership of the dog to you, it's yours.

I think you can be pretty confident in telling her to pound sand, her grief notwithstanding. Best of luck to you.

Q: I have a pfa against my mil that she appealed to superior court. Do i just show up to the hearing

1 Answer | Asked in Appeals / Appellate Law for Pennsylvania on
Answered on Dec 16, 2018
Cary B. Hall's answer
Yes and no. There are very specific procedures for appeals to the Superior Court of Pennsylvania, and she must follow them to get any appellate relief at all. You too must correctly follow all of the appellate procedures.

If oral argument is requested and scheduled -- that's the "hearing" -- then yes, you would show up to that. But there are briefs, the court transcript in the trial court, etc. that must be filed first and long before that.

I suggest you speak with (and hire)...

Q: Can grandmother successfully appeal our adoption petition?

1 Answer | Asked in Appeals / Appellate Law for Pennsylvania on
Answered on Dec 16, 2018
Cary B. Hall's answer
Zero idea, because I know zero about your case -- either substantively or procedurally -- and neither does any other attorney here on Justia. If you have an attorney that assisted you through the adoption process, however, you should pose your question to him/her. If you don't have an attorney, now is a great time to consult one if you feel you're in over your head.

Best of luck to you.

Q: Are vacation details and itinerary required to be provided to primary custody parent?

1 Answer | Asked in Child Custody for Pennsylvania on
Answered on Dec 16, 2018
Cary B. Hall's answer
If it says so in your custody agreement and/or court order, then yes. If it doesn't, then no . . . but, as a general show of goodwill and co-parenting, it is probably a good idea to provide the details to the other parent. You'd want the same consideration, and what's good for the goose is good for the gander. As in all things, play fair.

Best of luck to you.

Q: box 22 of divorce complaint. I moved out and wife is staying at same address we lived at. What date should I use?

2 Answers | Asked in Divorce for Pennsylvania on
Answered on Dec 13, 2018
Cary B. Hall's answer
I have no idea what kind of form you're using -- so no idea what "box 22" says. Try again, with more detail?

Q: Can my kids father claim our kids

1 Answer | Asked in Family Law for Pennsylvania on
Answered on Dec 13, 2018
Cary B. Hall's answer
The way to prevent him from claiming the kids as dependents on his taxes is to claim them on YOUR taxes. Under the current IRS rules, YOU get to claim both kids if you have primary physical custody of the kids. Of course, you and their father can make agreements otherwise -- and you have indeed done that in the past. But you don't have to. And if there's no agreement otherwise, then YOU get to claim them. If he chooses to as well, then he'll have to deal with the IRS at a later date when...

Q: I bought a property in Reading PA and I just found out that the neighbor next to my property have turned down a wall.

1 Answer | Asked in Intellectual Property, Land Use & Zoning and Real Estate Law for Pennsylvania on
Answered on Dec 13, 2018
Cary B. Hall's answer
Well, initially, have you talked to your neighbors about it? I always suggest trying the "neighborly" way before doing anything else.

If you can't resolve things informally with your neighbors, then I'd suggest you get a survey done of your property -- and don't trust any past one. Make sure you have the correct survey before you go off half-cocked. Armed with the survey, you could have an attorney send a formal letter to your neighbor with whatever request you have to make things...

Q: If I have another important matter the day I have a court hearing for child support can it be rescheduled to another day

1 Answer | Asked in Child Support for Pennsylvania on
Answered on Dec 12, 2018
Cary B. Hall's answer
Potentially yes -- but you should request a postponement ASAP, and in writing. Make sure you send a copy to the other side as well, and state in your written request that you're doing so. Include your phone number so that Domestic Relations will be able to contact you quickly and easily as well.

Best of luck to you.

Q: How do you challange a search warrant issued due to false and theoretical probable cause affidavit

1 Answer | Asked in Criminal Law and Civil Rights for Pennsylvania on
Answered on Dec 12, 2018
Cary B. Hall's answer
Your best bet is to hire an attorney, and have him/her contact the police to find out what their intentions are with the property seized, and whether they intend to file any charges.

If you'd like to discuss this matter further, I do practice in Bucks County. Feel free to contact me offsite -- my contact information is contained in my Justia profile.

Best of luck to you.

Q: Do i have the right to file for child support and a custody modification all in one day?

2 Answers | Asked in Child Custody and Child Support for Pennsylvania on
Answered on Dec 12, 2018
Cary B. Hall's answer
No reason why you can't -- although you'll file for child support in the Domestic Relations Office, and your petition to modify custody with the Prothonotary's Office (two different desks, and maybe even two completely separate buildings). There will surely be a fee to file your petition to modify custody, so make sure you bring it and in the correct form of payment accepted by the court.

Best of luck to you.

Q: What should I do or bring he bringing paper work that he pays mortgage

1 Answer | Asked in Child Support for Pennsylvania on
Answered on Dec 11, 2018
Cary B. Hall's answer
If he's paying the mortgage on the martial home, he may indeed get credit for that -- because that is, in fact, keeping a roof over the children's heads (and yours), and counts for a lot.

You should consider getting a lawyer yourself, of course. If you can't afford one, you might want to look into your local legal aid organization that could provide an attorney at a reduced or even no cost to you.

Ultimately, however, just go to your child support conference and see what...

Q: I stole some money from my employer. I'm 16 and still a minor. I have no clue of they caught me or not. What can happen

1 Answer | Asked in Criminal Law for Pennsylvania on
Answered on Dec 11, 2018
Cary B. Hall's answer
Open the letter, and find out.

You're also posing your question from New York . . . but in a Pennsylvania law forum. If things happened in New York, try asking your question in the New York law forum.

If you stole from your employer, you could be charged with theft in the juvenile system. Punishments range from probation + restitution (paying the money back) + community service, to actual detention.

Best of luck to you.

Q: Paid support after company aquired. New company sent to wrong State. I’m now in arrears. Company to correct. What now?

1 Answer | Asked in Child Support for Pennsylvania on
Answered on Dec 11, 2018
Cary B. Hall's answer
If you've got issues about how your child support is being garnished and/or credited, contact your local Domestic Relations section to clear things up. If that doesn't work, you can request a formal audit from Domestic Relations to make sure everything adds up.

Best of luck to you.

Q: My divorce is final, My ex has yet to remove my name from the mortgage and refinance

2 Answers | Asked in Divorce for Pennsylvania on
Answered on Dec 11, 2018
Cary B. Hall's answer
As your attorney suggested, you can file a petition for contempt for her failures to abide by the court order.

My question to you, however, is: why are you asking questions here when you already have an attorney, and have already asked the same question to him/her? If you trust your attorney, then follow his/her advice. If you don't, find a new attorney.

Best of luck to you.

Q: I currently have an attorney but feel as though nothing is being done. I am in a custody battle and going to pre trial.

1 Answer | Asked in Child Custody for Pennsylvania on
Answered on Dec 11, 2018
Cary B. Hall's answer
If you have an attorney already, then you need to address these concerns with him/her. If you aren't satisfied with his/her actions and response, then you can certainly find another attorney who will be more pro-active.

Presumably you can address these most immediate concerns with whomever at your pretrial conference? I'm not familiar with the local procedures in your neck of Pennsylvania, but your attorney should be.

Best of luck to you.

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.