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Questions Answered by Cary B. Hall

2 Answers | Asked in Real Estate Law for Pennsylvania on

Q: our neighbor wants to buy a portion of our lot we agreed on a price but I want to back out we have no written agreement.

we own a lot behind our house our neighbor wants to buy a portion of it, we agreed on a price but I want to back out can I back out without a legal problem. we do not have a written agreement

Cary B. Hall answered on Aug 23, 2019

I think you can back out, unless your neighbor has provided you with something as "consideration" for your verbal agreement (like some "down money," etc.).

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1 Answer | Asked in DUI / DWI for Pennsylvania on

Q: How long do convictions for DUI stay on someone's record and is it possible to have them removed or purged.

The convictions are over 10 years old.

Cary B. Hall answered on Aug 16, 2019

It depends on whether it's a first offense, or a second, third, fourth, etc. You wouldn't be eligible for expungement, but it's possible that your DUI criminal conviction could be "sealed" under PA's recently enacted Clean Slate Act. At the very least, all fines/costs must be satisfied first, and... Read more »

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on

Q: Pro bono lawyer

The number you provided don't assist defendants is there any other informating or help you can produce to help my case involving a pfa

Cary B. Hall answered on Aug 16, 2019

Search online for "legal aid" for your jurisdiction, and start making calls. Or simply hire an attorney, and get the money to do so somehow.

Best of luck to you.

1 Answer | Asked in Criminal Law for Pennsylvania on

Q: If I call 911 about my boyfriend hitting me does the state press charges or do I have too? What if I dont testify?

What if I choose not to testify? Will the charges be dropped?

Cary B. Hall answered on Aug 16, 2019

Once you call 911, the matter is out of your hands and you don't decide if a case will be prosecuted or not. If you later refuse to testify against him, however, the prosecution may decide to drop the case against your boyfriend -- or they might compel your testimony in court by subpoena and hold... Read more »

1 Answer | Asked in Child Custody for Pennsylvania on

Q: I'm looking for a pro bono lawyer

I'm looking for a pro nono lawyer that is willing to help me in Wyoming county Pennsylvania with a PFA case that is being used to resolve a completely different case in Schuylkill county Pennsylvania

Cary B. Hall answered on Aug 16, 2019

North Penn Legal Services provides pro bono representation if you qualify, so contact them. For Wyoming County, you should contact their Pittston office:

33 N. Main Street, Suite 200

Pittston, PA 18640-1949

P: 570-299-4100, Toll Free: 855-236-6405...
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2 Answers | Asked in Criminal Law for Pennsylvania on

Q: If I've maxed out my prison sentence do I still owe court costs and fines?

Question above is self explanatory

Cary B. Hall answered on Aug 16, 2019

Probably yes, but it depends on what the court ordered at the time of your sentencing. Call the Clerk of Courts for the county in which you were sentenced.

Best of luck to you.

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2 Answers | Asked in Child Custody for Pennsylvania on

Q: I have primary physical custody of my child so would I claim her or would my ex?

Cary B. Hall answered on Aug 15, 2019

You would -- unless there's some other agreement between you and your ex, like to alternate years in which a parent can claim the child (ex. Mother gets even years, Father gets odd years). Otherwise, IRS regulations go with the parent that has the child most of the time.

Best of luck to you.

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2 Answers | Asked in Criminal Law for Pennsylvania on

Q: Pa juvie aggravated assault charges against a police officer when video evidence shows that he ran past them

Cary B. Hall answered on Aug 13, 2019

And your question is? Sounds like you should have your attorney review the video with the assistant district attorney and talk about having the case dismissed . . . .

Best of luck to you.

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1 Answer | Asked in Child Custody for Pennsylvania on

Q: I did NOT get any papers nor was I served any papers for a custody hearing. What should I do?

This was a couple years ago. I've been fighting for my child back. I didn't receive nothing at all.

Cary B. Hall answered on Aug 10, 2019

You need to file a petition to modify custody in the Pennsylvania county where your child is living, and go from there.

If it's in southeastern PA, feel free to contact me offsite to further discuss your case. Best of luck to you.

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on

Q: Will my baby's father be able to get custody or just visitation?

We broke up over a month ago, and since then I've allowed him to see the baby whenever he wanted. He's only seen him twice since then. He is threatening me that he will "make the next 18 years" hell for me and that he is taking me for custody and getting a paternity test. We lived together for 6... Read more »

Cary B. Hall answered on Aug 7, 2019

Well, first of all, a child custody vocabulary lesson. "Legal custody" is the parental right to take part in the major decisions in a child's life, like medical, educational, religious, etc. "Physical custody" refers to where the child actually resides from day to day.

Regardless of...
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2 Answers | Asked in Real Estate Law for Pennsylvania on

Q: I have property in Pike County Pa that I am trying to sell on Ebay. If it is sold, how do I transfer the deed?

1.1 acres of land in Masthope. Taxes and dues will be paid up to date, in full by me.

Cary B. Hall answered on Aug 6, 2019

I say use Ebay to find a buyer, but then handle all else directly with the potential buyer *outside* of Ebay. In other words, don't use Ebay to consummate any sale or transfer of funds.

As you're already thinking, real estate transfers are different from selling widgets online. Find a...
Read more »

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1 Answer | Asked in Criminal Law for Pennsylvania on

Q: 1. Under NJ law is the u-haul company itself defined as a cargo carrier?

I narrowed an overdue rental and was charged with receiving stolen property 3rd degree and unauthorized use although I was not the renter.

Cary B. Hall answered on Aug 6, 2019

If you want an answer about New Jersey law, I suggesting posting your question in the New Jersey section -- not Pennsylvania.

Best of luck to you.

1 Answer | Asked in Child Custody, Child Support and Family Law for Pennsylvania on

Q: I have primary custody my children. My ex husband is holding one of my kids against his will & against court orders..

The case was established in Philadelphia. He has my son in Delaware and I am currently residing in NC with his other child. When I brought his kids to see him last summer he held both of them a day before I was scheduled to travel back and demanded child support back. He demanded I return a large... Read more »

Cary B. Hall answered on Aug 6, 2019

I think you need the court's help at this point -- and you're getting shafted with the whole pay-back-child-support "deal." Technically, if your son has been with his father in the state of Delaware for 11 months, then Delaware would have jurisdiction for any child custody case at this point (even... Read more »

2 Answers | Asked in Real Estate Law for Pennsylvania on

Q: House closed on July 22. 2 days ago, the basement flooded, foundation cracks were found estimating 15000 any recourse?

There was nothing disclosed by seller. I had 2 inspections.

Cost of repair is 15,000, not 1500.

Cary B. Hall answered on Aug 6, 2019

Maybe against the home inspector, but likely only up the amount that you paid him/her for the inspection if there's a limitation of liability clause in the inspection contract -- AND if the inspector was negligent in not discovering the foundation cracks.

Maybe against the seller if you can...
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1 Answer | Asked in Criminal Law for Pennsylvania on

Q: How can I keep a 19 year old boy away from my 15 year old daughter. The police said I can’t do anything.

Cary B. Hall answered on Aug 4, 2019

Sounds like the police are being lazy and don't want to get involved. Have you tried contacting the 19 y.o.'s parents?

More importantly, have you laid down the law with your daughter? You can't control the rest of the world, but you can certainly have influence over your own children....
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1 Answer | Asked in Child Custody, Child Support and Family Law for Pennsylvania on

Q: I have shared physical&legal custody and 50/50 can we put in the new court order that me nor him can file support

Cary B. Hall answered on Aug 4, 2019

Not really -- and if you do, I don't think such a provision would be enforced. Child support is for the benefit of the *child*, not either (or both) of the parents, and so neither parent can bargain that benefit away. At best, the parents can have a "gentleman's agreement" that no support will be... Read more »

2 Answers | Asked in Real Estate Law for Pennsylvania on

Q: Seller did not remove a swing set. It was not included/excluded in the AOS. Buyer wants it gone.Who pays to remove?

Cary B. Hall answered on Aug 4, 2019

That should've been resolved at closing . . . because Buyer did a final walk-through the morning of closing, noticed it, and brought it up at closing.

If not, that's egg on the Buyer's face, and I think the item belongs to Buyer now -- esp. if it's affixed to the ground. I say it's...
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1 Answer | Asked in Criminal Law for Pennsylvania on

Q: If someone is highly medicated because of mental health issues and is badgered into signing it, is it legal

This girl was pulled over and her boyfriend was taken somewhere while she was brought back to her apartment and she's on a lot of medication and is borderline retarded when she's on them then the cops yelled at her about never seeing her kids again and being locked up for 20yrs unless she signed a... Read more »

Cary B. Hall answered on Aug 2, 2019

Sounds like she needs to hire an attorney, and fast.

Best of luck to her.

1 Answer | Asked in Criminal Law for Pennsylvania on

Q: How long after pfa is withdrawn can someone get their weapons back that were relinquished?

Cary B. Hall answered on Aug 2, 2019

Immediately. The respondent should contact the local police (or whoever has the relinquished firearms) and arrange for pick-up. Have a copy of the court docket which notes that the PFA was withdrawn.

1 Answer | Asked in Child Custody for Pennsylvania on

Q: My ex took our girls without my consent to Florida for vacation against our order from PA. Will he lose custody?

He’s violated our agreement many times related to reasonable communication and participation in activities. He has a criminal history as well as a history of violent behavior. He asked to take the girls to Florida for vacation. Our order requires written permission which I did not give. The... Read more »

Cary B. Hall answered on Aug 2, 2019

If this is your first contempt petition, probably not. Very likely that the court will also not view your petition as an "emergency," but will schedule it for a hearing in the normal course of court business. And you're right that the police won't do anything: they'll simply refer you to file... Read more »

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