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Questions Answered by Cary B. Hall
1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: My husband(we're separated) overdosed and attempted suicide 5 days ago. He's in the hospital on a psychiatric unit for 3

More days. I'm concerned for our children's safety and want to seek full custody. They chose to live with me. He moved out. There's a history of domestic abuse from him which the kids and I are receiving counseling at Victim Services through the YWCA.

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

Sounds like you have very valid grounds in which to file an emergency petition to modify custody -- if there's even a custody order in place at all (which is unclear from your question). If not, you should certainly seek one. If so, you could file an emergency petition to seek your... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Pennsylvania on
Q: I want to display my hate for my country by creating signs that say Bin laden 2020. Is that illegal ?
Cary B. Hall
Cary B. Hall answered on Jun 3, 2020

That language? No. Where you place the signs? Perhaps, so check with your local municipality.

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: I am 82 years old i have a property i bought in pa in 1969. i want to file for adverse possession .

I am 82 years old i have a property i bought in pa in 1969. i want to file for adverse possession on the land bordering my property because i have been using it for more than 21 years . How do i file and what do i need to do and how long does the process usually take

Cary B. Hall
Cary B. Hall answered on Jun 2, 2020

Civil litigation in Pennsylvania largely depends on the county that you're dealing with (and you haven't indicated in your question which county your land is located). Adverse possession claims in Pennsylvania also require that your possession of this adjoining parcel be actual;... Read more »

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: What’s going to happen in this situation?

My daughters mom is claiming to have evidence that I hit/ hurt my daughter. I have evidence that shows I don’t and have not. If our evidence conflicts with each other what would happen to our daughter?

My fear is she’ll be put in a foster home until a professional gets to talk to her... Read more »

Cary B. Hall
Cary B. Hall answered on Jun 2, 2020

It depends with whom the abuse complaint is made. Presumably, your daughters mother would notify either the local police or the county child protective agency, and then an investigation would be opened. As long as the investigators believe that the child is in no imminent danger, the child... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Pennsylvania on
Q: What are the steps I need to take to file a petition for modification?

Do I need to send the Plaintiff a copy of the filled out modification form, Criminal History form, Blank Criminal History forms, and a copy of the order? Do I need to have her signature upon delivery of the documents? When I send in my copy to the Prothonotary I send all of the above plus the $100... Read more »

Cary B. Hall
Cary B. Hall answered on May 29, 2020

Each Pennsylvania county has their own local requirements (esp. for the filing fee). I suggest you directly contact the Prothonotary's Office for the county in which you wish to file. Sometimes there's a court website that more-or-less walks you through the filing steps as well, if... Read more »

1 Answer | Asked in Child Custody and Family Law for Pennsylvania on
Q: So if there is no custody order in place can I go pick my 13 yr old up from her dads without his permission
Cary B. Hall
Cary B. Hall answered on May 29, 2020

If you are the biological mother and there is no custody order concerning your daughter, then you presently have the same legal rights to your daughter as her biological father. Legally, you don't need his permission to have physical custody of your daughter.

But it sounds like...
Read more »

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.

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