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Pennsylvania Questions & Answers
1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Pennsylvania on
Q: can I take my ex-wife's boyfriend and his wife for child support if they completely support her?

ok so I have primary custody of my three kids. I pay spousal support to her. but the Ex-wife moved in with her new boyfriend and his wife almost a year ago. they pay for everything housing, food, car, etc.. am I able to take her and them and have there income added to hers for child support?

Cary B. Hall
Cary B. Hall answered on Dec 6, 2019

No. They're not responsible for your children at all, so their income is irrelevant to any child support calculation.

But you may be able to argue that the lack of expenses for your ex-wife (due to their paying for everything) should be factored into your spousal support calculation. This...
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1 Answer | Asked in Family Law, Child Custody and Child Support for Pennsylvania on
Q: Child support

The mother of my children moved out of PR to PA and refuses to tell me her location and refuses the children to see me. The oldest child is 17 in April and the second one is 16 in April. They both work part time jobs.

I was told PA emancipation age is 18 and PR is 21 and even though she... Read more »

Cary B. Hall
Cary B. Hall answered on Dec 5, 2019

If this has all occurred within the past 6 months, Puerto Rico would likely still have jurisdiction over the custody case. File something immediately in PR, and use her last known address in PR for service of your motion. Having local PR counsel is also advised -- he or she can be of immense help... Read more »

7 Answers | Asked in Workers' Compensation, Employment Law and Personal Injury for Pennsylvania on
Q: Does liability insurance coverage, cover wage compensation or just medical?

I slipped and hit my head at my place of employment but was not on the clock. ER diagnosed me with a concussion and whiplash. I've been off work since Nov. 8th. My employer said her insurance doesnt cover missed wages.

Mark Scoblionko
Mark Scoblionko answered on Dec 5, 2019

You should consult a worker's compensation lawyer to see if you have a worker's compensation claim even though you were not on the clock. Secondly, if you fell because of the employer's negligence, the employer's liability insurance would potentially be responsible for lost earnings. However, you... Read more »

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1 Answer | Asked in Car Accidents for Pennsylvania on
Q: Am i guilty of this violation if in fact i crossed the divided lane to avoid an oncoming car?

A car came in my lane and i swerved to avoid the collision. Now i got sited for the violation

Peter N. Munsing
Peter N. Munsing answered on Dec 4, 2019

Plead not guilty. You were faced with a sudden emergency, had no choice.

You wren't really choosing to drive over the divided--you were forced to.

1 Answer | Asked in Car Accidents for Pennsylvania on
Q: Do I have a valid reason to sue the van drivers insurance?

I was involved in a car swipe accident. This is my first ever car accident involving a vehicle. The driver that hit my car works for Amazon as a delivery driver. They have tons of vans in my area.

So ever since the car accident, I am now having problems emotionally when I am driving near... Read more »

Peter N. Munsing
Peter N. Munsing answered on Dec 4, 2019

If your doctor recommends PTS therapy, the doctor visit and therapy would be covered under 1st party benefits.

if you had any physical injuries--stiffness, pain, etc--tell your doctor so it's on the record.

You have a claim you can make but first get the medical rolling.

If...
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1 Answer | Asked in Real Estate Law and Land Use & Zoning for Pennsylvania on
Q: I am a performer, and I am able to set up a space in my home and sell tickets for shows that I write and perform?

I have a room in my house that I would like to turn into a parlor for small performances of 10 to 20 people to do an hour long mentalism show. We would like to do the show, offer canned sodas, sealed snacks, and popcorn to the guests. It would be in the form of a small house party and would take... Read more »

Elizabeth Tarasi
Elizabeth Tarasi answered on Dec 4, 2019

You need to check your local zoning code.

1 Answer | Asked in Criminal Law and Juvenile Law for Pennsylvania on
Q: Today while I was at work police came toy home and arrested my 13 y/o son, I went to the district and was told

To wait they wouldn't give me any information or tell me why he was arrested. What should I do what can I do

Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on Dec 3, 2019

Get an attorney and have the attorney knock on the same doors. Attorneys are especially skilled at finsing out information. Most of us have connections with the police.

1 Answer | Asked in Criminal Law, Civil Rights and Communications Law for Pennsylvania on
Q: Received 1991 texts between 7/1/19 thru 12/3/19 day and night can this be considered harassment

I share 50/50 custody with him and have told him not to contact me unless it is about our child he goes back in forth within mins of hating me and loving me

Cary B. Hall
Cary B. Hall answered on Dec 3, 2019

Yep, I'd call that harassment. Contact your local police about it.

Best of luck to you.

1 Answer | Asked in Child Support for Pennsylvania on
Q: I'm required to pay support until kids are 23 (in college). However mom put them out of her home at 18.

I want money to go to children. Order was placed in NJ. Kids lived in WV but are currently staying with my mother in DE when not in school.

Kathryn Hilbush
Kathryn Hilbush answered on Dec 2, 2019

You're going to have to ask this question of an attorney who practices in whichever jurisdiction is administering this order. It appears that would be NJ. You may have to change your location because right now your question is going out to PA lawyers.

1 Answer | Asked in Child Support for Pennsylvania on
Q: Is it illegal in the state of pennsylvania for the mother and father to ride together to a child support hearing?
Kathryn Hilbush
Kathryn Hilbush answered on Dec 2, 2019

No, not unless one of them is subject to a restraining order regarding the other one..

2 Answers | Asked in Estate Planning for Pennsylvania on
Q: Contingent Beneficiary

My mother passed away shortly after changing her will to place my step-father as beneficiary/executer and placing myself (only natural child) and included my step-sister as contingent beneficiaries upon his death. He had a will made up saying the same.

Due to the nature of my moms sudden... Read more »

Nina Whitehurst
Nina Whitehurst answered on Dec 2, 2019

You can get a copy of your mother's will from the court where her estate is being probated. A will cannot be changed by anybody but the testator. After the testator dies, it cannot be changed by anyone at all.

However, if your stepfather inherited your mother's entire estate outright,...
Read more »

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1 Answer | Asked in Civil Litigation and Contracts for Pennsylvania on
Q: Breach of verbal contract from 10/18

Investment to buy vehicle and flip for sale within a couple months. As of 12/19, vehicle still not up for sale and repairs completed. Contract via phone, one party in Blairsville, PA the other in Pgh, PA. Need advice on which county for filing.

Elizabeth Tarasi
Elizabeth Tarasi answered on Dec 1, 2019

File where the r transaction occurred. Sounds like either place.

2 Answers | Asked in Estate Planning and Real Estate Law for Pennsylvania on
Q: my husband parents are deceased since 2006 how can we get the deed changed in my husband name no mortgage on home?

any resources to find an affordable estate lawyer in Pittsburgh, PA

Elizabeth Tarasi
Elizabeth Tarasi answered on Dec 1, 2019

You will need to hire an attorney. I’m in the Pittsburgh area and am happy to help you. Beth Tarasi emt@tarasilaw.com 412-391-7135

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2 Answers | Asked in Foreclosure, Real Estate Law, Civil Litigation and Landlord - Tenant for Pennsylvania on
Q: Do I have to give defendants in a civil action a 20 day notice of a subpoena to produce documents?

I am the plaintiff in a ejectment action. I served , by certified mail, a subpoena to my tenants ( Defendants ) to produce documents. Their Attorney filed a motion to quash subpoena because I didn’t give them 20 day notice.

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Mark Scoblionko
Mark Scoblionko answered on Nov 28, 2019

A subpoena would ordinarily be used to require a non-party to appear for a deposition or produce documents. It is not used to request another party to appear or produce documents. Your lawyer can serve the defendants with a Request for Production or a Notice of Deposition, as the case may be.... Read more »

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3 Answers | Asked in Car Accidents and Personal Injury for Pennsylvania on
Q: Would it be considered negligent for a vehicle inspector to not catch worn break lines and nonfunctional emergency brake

I had my vehicle inspected and days later my brakes gave out and the emergency brakes did not work either. This resulted in my spouse crashing the vehicle and sustaining some serious injuries.

Mark Scoblionko
Mark Scoblionko answered on Nov 27, 2019

It very well could be. However, you would need an independent expert to offer an opinion that these conditions existed at the time of the inspection, were within the scope of work undertaken by the initial inspector, and ought to have been discovered.

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1 Answer | Asked in Family Law for Pennsylvania on
Q: What forms do I need to change the venue of a custody case from one state to another?

The venue originally should hv been held in WV where my child had resided from 3 months of age to the present day. He is now 2 yrs 7 months old. The opposing attorney and judge are crooked in PA where the case is being held presently. It has been 2 yrs as well. I need to get the venue changed from... Read more »

Kathryn Hilbush
Kathryn Hilbush answered on Nov 26, 2019

You can always consult another attorney. Usually, despite what you believe, there are good, legal reasons why a case is not moved to another jurisdiction., For example, the length of time the child has resided in the current jurisdiction.

1 Answer | Asked in Divorce for Pennsylvania on
Q: My wife has filed for a divorce but I want marriage counseling because I believe we can work things out. is it possible

We got married in Collingdale Courthouse PA. Could we get marriage counseling to save our marriage under the Pennsylvania Statutes?

Kathryn Hilbush
Kathryn Hilbush answered on Nov 26, 2019

Yes, the divorce complaint will give you information about filing for counseling. You'll have to file a petition for it. The court can order up to three counseling sessions. usually the person seeking the counseling is responsible for paying for it.

1 Answer | Asked in Car Accidents for Pennsylvania on
Q: My car was parked on a street with street parking 15 inches from the curb and a school bus hit it.

The kids on board and on the street said she backed up down the narrow street and they warned her and she still kept goin and side swiped the whole car totally it. Now I’m stuck paying the difference in the totaled worth and my loan. Shouldn’t their insurance pay something?

Peter N. Munsing
Peter N. Munsing answered on Nov 26, 2019

Any vehicle insurance--school bus or otherwise--has the obligation to pay for the market value of your car. If that is less than the loan balance, that is not their issue. So yes, through no fault of your own you can end up owning money on a set of wheels you no longer own!

You can check...
Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Can I press charges here?

Photo sent without my permission to my college administrators. It was done by an angry ex friend. Now I am having a hearing and facing disciplinary action. I could be expelled, lose my scholarship, have a disciplinary note on my transcript. This is very harmful to me. Can I press charges?

Peter N. Munsing
Peter N. Munsing answered on Nov 26, 2019

You may but that's not going to help--the train coming down the track at you has been set in motion--collaring the person who started it won't stop the train of the disciplinary process. Most colleges have a pro bono attorney who handles student issues. See if yours does. If not look for an... Read more »

1 Answer | Asked in Landlord - Tenant for Pennsylvania on
Q: What law if any prevents a landlord from going through personal belongings, for example my desk drawer?

This desk drawer contains personal belongings including my passport and checkbook.

Peter N. Munsing
Peter N. Munsing answered on Nov 26, 2019

Privacy rights. I assume you hadn't abandoned the apartment or had your stuff removed.

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