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Questions Answered by Cary B. Hall
1 Answer | Asked in Child Custody for Pennsylvania on
Q: I am filing for custody of my son. My grandmother has physical custody of him but my ex and I have legal. Is she a party

I have been a victim of parental alienation for almost 2 years which is why she has physical custody. My ex-husband claims to want to keep it out of court like I do but hes not trustworthy. The situation is complicated and definitely unique

Cary B. Hall
Cary B. Hall answered on May 28, 2020

If there's a court order which gives her any kind of physical custody, then yes - she's definitely an "interested party" and must be notified of any custody filings.

Best of luck to you.

1 Answer | Asked in Criminal Law and Probate for Pennsylvania on
Q: I have a vop out of northampton county from 2011

In 2011 i was put on probation for a misdermeanor in pa i never reported so i violated in 2014 i went to jail in florida did 30 days and paid everything off here in fl o called pa to take care of the bench warrant at the prob office they told me to pay all the costs and then pay the fee to remove... Read more »

Cary B. Hall
Cary B. Hall answered on May 21, 2020

Almost all courts and judges will require your personal appearance to remove an arrest warrant for a prior failure to appear. If you've done all that you say, and the Northampton Probation department has no objection to rescinding the bench warrant, then your chances are probably decent of... Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Cops said i was getting accomplice charges but didnt cite me or take me away am I not being charged?

I was in back of a vehicle at a party drunk and legal age. I told my friends to hide my id and it happened to be jn the same car i was busted in. It was parked. There was a half ounce of dabs (weed extract) somewhere in the vehicle too.

Cary B. Hall
Cary B. Hall answered on May 20, 2020

No idea. You still could be getting a summons or citation in the mail. Most things are pretty much on hold during the coronavirus shutdown, but a lot of courts are at least partially re-opening as of June 1, 2020. Unfortunately, you won't know if you're in the clear until/unless you... Read more »

1 Answer | Asked in Child Custody and Child Support for Pennsylvania on
Q: How can I modify a custody order when the courts are closed. We had a temporary order but doesn't let me see my child.

What can I do to get my visits back with my daughter? In addition to that she is collecting aftercare money from me and my daughter no longer is in aftercare at all.

Cary B. Hall
Cary B. Hall answered on May 14, 2020

You can file an *emergency* motion to modify custody, and request the court to grant you time with your daughter.

You can do the same with Domestic Relations concerning a modification to eliminate the portion of the child support order for aftercare expenses.

Best of luck to you.

1 Answer | Asked in Child Custody and Child Support for Pennsylvania on
Q: My ex-husband is trying to take me for child support

He's trying to take me for support when I barely make any money or none at all ( Caregiver). He makes more than I do, He's trying to go after my husband ( not the father to the 2 children I have with him) because he's the one that makes the money. Will he win the support case? I have... Read more »

Cary B. Hall
Cary B. Hall answered on May 12, 2020

Child support goes by a parent's "earning capacity," not necessarily his/her "income." If a parent isn't working -- and doesn't have a good reason for not working -- an earning capacity could be imputed/assigned to the non-working parent for purposes of a child... Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Is there anyone out there in central Pennsylvania in the Bellefonte area that could help with a tampering retail theft

I have fallen on hard times and do not have the money I have a lot of questions and was wondering if there's any lawyers that do pro bono work around this area Bellefonte please reach out to me as soon as possible thank you Melissa I do have one question though the officer put on my summons... Read more »

Cary B. Hall
Cary B. Hall answered on May 12, 2020

Contact the Centre County Public Defender's Office ASAP - https://centrecountypa.gov/389/Public-Defender.

Best of luck to you.

1 Answer | Asked in Foreclosure for Pennsylvania on
Q: General timeline estimate for settling a foreclosure in court? How many months?

I'm wanting to fight a foreclosure and pay off the mortgage but, without all the added fees because, I feel the bank has grossly mishandled the entire process. It seems to have started when the original lending bank merged into it's parent bank and returned payments that had been made.... Read more »

Cary B. Hall
Cary B. Hall answered on May 8, 2020

As you correctly surmise, things are all out of whack with the court system due to the pandemic and resultant shutdowns. You're going to need to contact the Court of Common Pleas for the county in which your foreclosure case is pending. In Pennsylvania at present, each county is largely... Read more »

1 Answer | Asked in Criminal Law and Collections for Pennsylvania on
Q: Is my wife allowed to keep my part of the money the government sent out

Been seperated for 2 months and she ordered a new card and got mine canceled behind my back so she could keep it and told me i couldnt do anything legally about it is she right

Cary B. Hall
Cary B. Hall answered on May 8, 2020

She's not right. At worst, you'll get a credit for the amount she took in any ultimate settlement between you two. At best, you could file an emergency motion with the court demanding that you get your share.

Best of luck to you.

1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Civil Rights for Pennsylvania on
Q: My grandson is being kept in a state that is not in this jurisdiction and they are out of their jurisdiction can you hel

My question is is there any Pennsylvania attorney that knows what to do when it comes to asking for a writ against the subordinate that is trying to exercise jurisdiction and a sister state such as New York versus Pennsylvania when we should be all on the same page I’m not receiving any phone... Read more »

Cary B. Hall
Cary B. Hall answered on May 8, 2020

Sounds like you need to talk to an attorney ASAP - you can't possibly explain everything here online.

Find an attorney, and schedule a phone or video appointment. If you don't know one, try here: http://www.fcls.net/home.aspx.

Best of luck to you.

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Probation should be over

I was sentenced on October 18th 2016 to 3 years and 6 months of probation. 2 years ago I got put on unsupervised calls. I haven’t heard anything from my probation officer saying that I’m done. Do I need to go in or am I just automatically done when my time is up?

Cary B. Hall
Cary B. Hall answered on May 7, 2020

If I were you, I'd check in with your probation officer and ask for something in writing that says definitely that you're done. Better safe than sorry, no?

Best of luck to you.

1 Answer | Asked in Child Custody for Pennsylvania on
Q: Hi. I want to file for custody of my child but my childs father will not give me his address.

I live in pa. We've been here for almost 2 years now. He does not pay child support. He does still talk to her everyday but he just won't give me his address since he just moved to Oregon state.

Cary B. Hall
Cary B. Hall answered on May 7, 2020

There's a trick I often use to get someone's new mailing address -- but it presumes that the person has officially changed his/her address with the U.S. Postal Service.

Send him a letter. Just under your return address in the upper left corner, write these words in capital...
Read more »

2 Answers | Asked in DUI / DWI for Pennsylvania on
Q: I have a DUI 2nd Off. Gen Impair on my record listed as an M1 from 15 years ago. Seems high. Can I get it changed?

Served the sentence. 90 days minimum 2 years maximum on my docket sheet. I really want to figure out if I faced a maximum of 5 years for a general impairment 75 3802 A1. Montgomery County PA

Cary B. Hall
Cary B. Hall answered on May 5, 2020

DUI defendants face what's known as "escalating penalties" in Pennsylvania: the more you rack up, the harsher the penalty. So it all depends on your prior record, how many DUI convictions you have, and how much time has passed between each of them.

Pennsylvania has also...
Read more »

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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Pennsylvania on
Q: My neighbor has an outside light on the side of his house that lights up my whole yard and house. Anything I can do?

Neighbor has an actual streetlight mounted to the side of his house. I’ve told him it comes in my windows and makes doing anything after dark in our yard a nuisance. But he said we live in a dangerous neighborhood so he needs it. Which we don’t. My grandparents lived in this house since 1958.... Read more »

Cary B. Hall
Cary B. Hall answered on May 4, 2020

Yes, but it will likely be a huge and expensive hassle for you. The light spillage could be considered a "nuisance" in the law, and you could ask a court to make him take it down (or at least replace it with a light that isn't as bright). Such an action, however, must be brought in... Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: I have legal questions on a behalf of an inmate on his criminal case.
Cary B. Hall
Cary B. Hall answered on Apr 30, 2020

Try posting another question here with (1) the details that you know about his case, and (2) what you're asking about.

Best of luck to you.

2 Answers | Asked in Criminal Law for Pennsylvania on
Q: What is the specific PA statues for simple assault
Cary B. Hall
Cary B. Hall answered on Apr 29, 2020

18 Pa.C.S. section 2701 ("simple assault") is the one you're looking for, but that entire Chapter 27 deals with assault-related offenses.

Those charged with simple assault are almost always also charged with 18 Pa.C.S. section 2709 ("harassment") as well, which is...
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1 Answer | Asked in Child Custody for Pennsylvania on
Q: on both a relocation hearing and now one to request changes on custody transportation, I keep get the same result

me doing 100% of the driving. My lawyer said that's how it is because I'm the one that moved. Is that right or she just not doing her job?

Cary B. Hall
Cary B. Hall answered on Apr 23, 2020

There is no hard-and-fast rule in custody cases about *anything*. It all depends on the best-interests-of-the-child standard, and that necessarily varies from case to case. Having said that, certain counties -- and even certain judges within a particular county -- may often do things in a... Read more »

1 Answer | Asked in Child Custody for Pennsylvania on
Q: is it true that of 1 parent moves ab 50 min apart with 50/50 custody that parent has to do 100% of the driving?

this is PA moved from one county to the next

Cary B. Hall
Cary B. Hall answered on Apr 23, 2020

No - there's no hard-and-fast rule. If the parents can't voluntarily agree on transportation arrangements, then the court will decide. But it will cost you time and money to fight about it in the courts, so parents' best bet is to try to work it out.

2 Answers | Asked in Criminal Law, Civil Rights and Gov & Administrative Law for Pennsylvania on
Q: Am I able to if I am compelled to report to Jury Duty during the Covid-19 epidemic and get infected?

Hello, I have Jury Duty on May 11th in the city of Philadelphia. PA extended their lock down till the 8th.

I am seriously frightened of getting the virus.

If I have to go and I get the virus, can I sue the city of Philadelphia for putting me in that position?

Cary B. Hall
Cary B. Hall answered on Apr 22, 2020

Probably. But wait and see: at least one other surrounding county has extended their judicial shutdown through the end of May, and Philadelphia may do the same in the coming weeks. I bet it will.

Best of luck to you, and wash your hands.

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1 Answer | Asked in Child Custody for Pennsylvania on
Q: What actions should i take to get my 15 year old son home with me
Cary B. Hall
Cary B. Hall answered on Apr 17, 2020

With such a general question without any facts, I can't even begin to answer your question. And frankly, adding more facts here online won't help you much either. You'll need to directly consult with an experienced family law attorney who can best advise you based on the specific... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Pennsylvania on
Q: 2 days to make a decision my mom passed away just 3 days ago And being told I have to be out by the 30th of April!

I was my parents Dural power of attorney since July of 2019, they renewed the year lease on October 1st of 2019 sadly he passed away just 19 days later my mom is an amputee can’t care for herself or be left alone she had Ben in out of hospital the office was closed due to covid as we are asked to... Read more »

Cary B. Hall
Cary B. Hall answered on Apr 16, 2020

There's great information here for you: http://www.phillytenant.org/. Check it regularly.

Best of luck to you.

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