Pennsylvania Questions & Answers

Q: Will filing gender discrimination with EEOC help or damage potential lawsuit?

1 Answer | Asked in Employment Discrimination and Employment Law for Pennsylvania on
Answered on Feb 16, 2019
Cary B. Hall's answer
It's my understanding that filing with the EEOC is a *prerequisite* to filing a later lawsuit, so better get it done if you want to preserve your rights to file in federal court!

Best of luck to you.

Q: 4 duis in 8 months. All occurred prior to the 1st being sentenced.

1 Answer | Asked in DUI / DWI for Pennsylvania on
Answered on Feb 16, 2019
Cary B. Hall's answer
Due to a law change a few years back, his 3rd and 4th DUIs will *not* be considered 1st offenses.

Your husband needs to hire a good criminal defense attorney, and now. He's in trouble, and DUIs have escalating penalties the more you rack up with mandatory minimum sentences. Best of luck to him -- he's gonna need it.

Q: I drove the wrong way up a one way street to do fixes on my car and was fined and ticketed. What can I do?

1 Answer | Asked in Traffic Tickets for Pennsylvania on
Answered on Feb 16, 2019
Cary B. Hall's answer
You can plead "not guilty" and then go in and explain your situation to the judge -- maybe he or she will cut you a break.

Best of luck to you.

Q: My mother and girlfriend own a house together. I slipped on ice and broke me ankle requiring surgery. Can I sue

3 Answers | Asked in Personal Injury for Pennsylvania on
Answered on Feb 16, 2019
Cary B. Hall's answer
I suggest first making a claim with their homeowner's insurance, and see where things go from there. If you're not satisfied with the settlement offer, then you could sue your mother and girlfriend, and the insurance company would defend the lawsuit -- and ultimately pay for any civil verdict you obtain up to policy limits.

I also suggest you sit down with a personal injury attorney to discuss your options more fully. Best of luck to you.

Q: When our son has no job and has been served a summons for debt collection, what does he have to do?

1 Answer | Asked in Collections for Pennsylvania on
Answered on Feb 16, 2019
Cary B. Hall's answer
First, he must first be officially served with the lawsuit. If this "service of process" is not satisfactorily obtained, then NOTHING happens: the court cannot enter a judgment against him without proper notice of the lawsuit. Some folks successfully dodge adverse judgments by ducking service of the lawsuit from the beginning.

Best of luck to him.

Q: After a sentence is handed to an inmate and trial is over. Can a sentence be modified again

1 Answer | Asked in Criminal Law for Pennsylvania on
Answered on Feb 16, 2019
Cary B. Hall's answer
A motion for modification on various grounds can be filed within 10 days of the sentencing. Of course, a successful appeal can also result in a new sentence as well.

Q: How do I go about a family member collecting a death benefit check? How could I get the check put in my name?

1 Answer | Asked in Child Support and Social Security for Pennsylvania on
Answered on Feb 15, 2019
Kathryn Hilbush's answer
Your mother is currently receiving the funds as your representative payee because you are under age. You have several options. One is to go to the local Social Security office to find out if they can change that to your grandmother if you have sufficient proof that you live with her. Or your grandmother could file for child support against your mother at your county Domestic Relations Office. The SS benefits would be taken into account when an order was entered against your mother.

Q: i got traffic citation filed(Operat Veh W/O Valid Inspect )and i plead guilty in PA.Is it considering a crime?

1 Answer | Asked in Traffic Tickets for Pennsylvania on
Answered on Feb 13, 2019
Cary B. Hall's answer
It's a summary offense in Pennsylvania. Most usually consider misdemeanor and felony convictions to be "crimes" for purposes of a criminal record, not summary offenses. Yours was simply a traffic offense. If they ask about traffic offenses, then yes - you're guilty of one. If they ask if you've been convicted of any crimes, then no - the vast majority of traffic offenses are not really considered "crimes."

Hope this helps.

Q: Can a parent move out of the school district without the other parent's permission for school age children?

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Answered on Feb 13, 2019
Cary B. Hall's answer
There are specific procedures for "relocation" in child custody situations like yours. Sit down with an experienced family law attorney in your area and go over them.

Best of luck to you.

Q: Why do I have to wait until my motion hearing to file for child support again?

1 Answer | Asked in Child Support for Pennsylvania on
Answered on Feb 13, 2019
Cary B. Hall's answer
I'm not sure you have to wait -- who told you so? Might as well go ahead and file now, and see what happens. If you need to file again in the future, then you'll do so. Nothing ventured, nothing gained, right?

Best of luck to you.

Q: If there are points under code section 6108 in PA

1 Answer | Asked in Traffic Tickets for Pennsylvania on
Answered on Feb 13, 2019
Cary B. Hall's answer
No points.

Here's the statute in full from Title 75 ("Vehicles"):

§ 6108 Power of Governor during emergency

(a) General rule.--In the event of a declared National, State or local emergency when the Governor of this Commonwealth has made a specific determination that modification of any of the provisions of this title will aid in the alleviation of the stated emergency conditions, the Governor shall have the power to so modify the provisions on any or all highways in...

Q: Can a legal guardian forbid child to see or speak to their biological mother?

1 Answer | Asked in Child Custody and Family Law for Pennsylvania on
Answered on Feb 13, 2019
Cary B. Hall's answer
Probably not! I'm also curious what exactly you signed to grant any sort of legal guardianship to your sister.

I think you should sit down with an attorney ASAP and go over that document together -- and then determine the best plan of action going forward. Best of luck to you.

Q: Is one parent allowed to switch the kid’s school district without the other parent’s consent?

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Answered on Feb 13, 2019
Kathryn Hilbush's answer
You may have to follow the PA relocation procedure. Your question really needs to be addressed by an attorney in an in person consultation during which the logistics of your ex's move and your prospective one, along with those of your custody arrangement, can be carefully reviewed in detail.

Q: If you have court for a motion hearing why can’t you file for child support until it’s settled?

1 Answer | Asked in Child Support for Pennsylvania on
Answered on Feb 13, 2019
Kathryn Hilbush's answer
There are procedures to be filed in the court system. If paternity testing was done. the court needs to officially determine that he is the father, which obviously seems unnecessary to you since the results of the testing point to him. However, the orderly process of the court must be followed. You will be entitled to collect support from at least the date when you refiled, which I think you've already done. The hearing has just been delayed by the paternity testing. There is no reason for...

Q: My son and I live in pa and his father lives in wv he is 7 months old where will custody have to be done?

1 Answer | Asked in Child Custody for Pennsylvania on
Answered on Feb 13, 2019
Kathryn Hilbush's answer
You'll take care of custody in PA, where the child has lived for six months.

Q: My employer paid me under the table for 3 years. I left on bad terms this past year and he sent me a 1099. What to do?

1 Answer | Asked in Tax Law for Pennsylvania on
Answered on Feb 12, 2019
D. Mathew Blackburn's answer
First, don't publicly post to a forum how you're committing tax evasion and tax fraud.

Second, pull together all your expenses related to the job and fill out a Schedule C for 2018.

Q: Does cps have any grounds for a court order?

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Answered on Feb 12, 2019
Cary B. Hall's answer
Impossible to answer without sitting down with you and going over your entire, detailed history since CPS got involved. But if what you say is accurate, it sounds like you're doing everything right so far -- and at some point, CPS will have to let go. They're typically hesitant to do so, however, and -- like you're experiencing -- they tend to keep moving the finish line so that supervision never ends.

I suggest you consult with, and then hire, an attorney to act as your advocate....

Q: What if you aren’t moving out of the state which the agreement applies just the city???

2 Answers | Asked in Family Law for Pennsylvania on
Answered on Feb 12, 2019
Cary B. Hall's answer
If you want to relocate cities within Pennsylvania, you will probably still have to give the other parent a formal notice of relocation . . . especially if the distance is far (say, from Philadelphia to Erie). There are very specific rules and procedures for this, and so you should probably sit down with an experienced family law attorney to discuss them.

Best of luck to you.

Q: Does my husband's ex-wife have any legal right to enter our home uninvited when the children are there?

2 Answers | Asked in Family Law and Child Custody for Pennsylvania on
Answered on Feb 12, 2019
Cary B. Hall's answer
If they are truly divorced and all issues of equitable distribution already settled, then no - she has no legal right to enter the home, regardless of whether the children are within or not. An open invitation may be the cordial thing to do -- and healthy for the kids to see Dad and Mom still having a friendly relationship as co-parents -- but that sounds like something you and he need to talk about rather than a legal issue.

Best of luck to everyone.

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