Pennsylvania Questions & Answers by Practice Area
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Pennsylvania Questions & Answers
Q: Need help to decide notice to Quit deadline
1 Answer
| Asked
in
Contracts, Real Estate Law and Landlord - Tenant
for
Pennsylvania
on
Answered on Dec 14, 2018
Answered on Dec 14, 2018
Elizabeth Tarasi's answer
You gave him the 30 days. File at the magistrate then give him the 10 day notice the day before you file.
You gave him the 30 days. File at the magistrate then give him the 10 day notice the day before you file.
Q: I have to keep my dogs outside for the next 6 months. There is a heated shed they have access to with fresh water?
Peter Munsing's answer
Check with a vet and the humane society. They'd be the people called if there was a suspected problem.
Check with a vet and the humane society. They'd be the people called if there was a suspected problem.
Q: if judgement is entered against me Can they put lean on my pay check or bank account im in pa
Peter Munsing's answer
Bank account yes if it's not a joint account. Pay check requires an order of garnishment. Depending on the amount you may want to consider bankruptcy.
Bank account yes if it's not a joint account. Pay check requires an order of garnishment. Depending on the amount you may want to consider bankruptcy.
Q: My vehicle registration has been suspended, I can't afford to pay the civil penalty. I also can't be without my car.
Peter Munsing's answer
You can't drive your car under suspension. You can see if the DJ will give you a pay over time option, but the law can be pretty harsh on this. If it's just the car that 's been suspended not your license you can see about borrowing a friends car. May be cheaper in the long run to pay off whatever's causing the suspension.
You can't drive your car under suspension. You can see if the DJ will give you a pay over time option, but the law can be pretty harsh on this. If it's just the car that 's been suspended not your license you can see about borrowing a friends car. May be cheaper in the long run to pay off whatever's causing the suspension.
Q: In PA, can the business owner make my bonus and profit sharing part of my salary in lieu of a raise? But not for others?
1 Answer
| Asked
in
Employment Discrimination and Employment Law
for
Pennsylvania
on
Answered on Dec 14, 2018
Answered on Dec 14, 2018
Peter Munsing's answer
You have no right to a raise absent a union contract or employment contract.you say the others get payroll plus bonus and profit sharing --are you saying now you are getting bonus and profit sharing but no pay?
If the first one, I don't see a wage hour case; in second one could have a wage hour case
You have no right to a raise absent a union contract or employment contract.you say the others get payroll plus bonus and profit sharing --are you saying now you are getting bonus and profit sharing but no pay?
If the first one, I don't see a wage hour case; in second one could have a wage hour case
Q: Child support be less or more when two kids attend pvt school and one kid goes to college and the other still at home?
Kathryn Hilbush's answer
If the private school tuition is included in the actual court order then you may be looking at a reduction in your order just because one child's tuition will be coming off the order. You could meet with an experienced family law attorney to discuss in more detail and go over the numbers before your son is graduated and 18.
If the private school tuition is included in the actual court order then you may be looking at a reduction in your order just because one child's tuition will be coming off the order. You could meet with an experienced family law attorney to discuss in more detail and go over the numbers before your son is graduated and 18.
Q: Help with children and youth difficult ex husband
1 Answer
| Asked
in
Family Law, Child Custody, Child Support and Civil Rights
for
Pennsylvania
on
Answered on Dec 13, 2018
Answered on Dec 13, 2018
Kathryn Hilbush's answer
Honestly, it sounds to me like you and your wife need to sit down for a detailed in person consultation with an experienced family law attorney. I'm sorry but some of what you said here doesn't make a lot of sense, complicated by the lack of punctuation I suspect, but even with periods and capital letters, I still think you need to meet with an attorney instead of seeking information online about what is clearly a complicated and messy matter.
Honestly, it sounds to me like you and your wife need to sit down for a detailed in person consultation with an experienced family law attorney. I'm sorry but some of what you said here doesn't make a lot of sense, complicated by the lack of punctuation I suspect, but even with periods and capital letters, I still think you need to meet with an attorney instead of seeking information online about what is clearly a complicated and messy matter.
Q: If there is a written policy stating any unused vacation days will be paid at the end of the year can they pay in April?
Jill L. Walsh's answer
Thank you for reaching out. There is no Pennsylvania law that requires an employer to provide vacation benefits to employees. If the employer chooses to do so, and has a policy that discusses how vacation leave will be handled, the employer must comply with the terms of its established policy or employment contract. For more information, visit the Pennsylvania Department of Labor and Industry: https://www.dli.pa.gov/Individuals/Labor-Management-Relations/llc/Pages/Wage-FAQs.aspx#8.
Thank you for reaching out. There is no Pennsylvania law that requires an employer to provide vacation benefits to employees. If the employer chooses to do so, and has a policy that discusses how vacation leave will be handled, the employer must comply with the terms of its established policy or employment contract. For more information, visit the Pennsylvania Department of Labor and Industry: https://www.dli.pa.gov/Individuals/Labor-Management-Relations/llc/Pages/Wage-FAQs.aspx#8.
Q: box 22 of divorce complaint. I moved out and wife is staying at same address we lived at. What date should I use?
Cary B. Hall's answer
I have no idea what kind of form you're using -- so no idea what "box 22" says. Try again, with more detail?
I have no idea what kind of form you're using -- so no idea what "box 22" says. Try again, with more detail?
Q: Can my kids father claim our kids
Cary B. Hall's answer
The way to prevent him from claiming the kids as dependents on his taxes is to claim them on YOUR taxes. Under the current IRS rules, YOU get to claim both kids if you have primary physical custody of the kids. Of course, you and their father can make agreements otherwise -- and you have indeed done that in the past. But you don't have to. And if there's no agreement otherwise, then YOU get to claim them. If he chooses to as well, then he'll have to deal with the IRS at a later date when...
The way to prevent him from claiming the kids as dependents on his taxes is to claim them on YOUR taxes. Under the current IRS rules, YOU get to claim both kids if you have primary physical custody of the kids. Of course, you and their father can make agreements otherwise -- and you have indeed done that in the past. But you don't have to. And if there's no agreement otherwise, then YOU get to claim them. If he chooses to as well, then he'll have to deal with the IRS at a later date when...
Q: I bought a property in Reading PA and I just found out that the neighbor next to my property have turned down a wall.
1 Answer
| Asked
in
Intellectual Property, Land Use & Zoning and Real Estate Law
for
Pennsylvania
on
Answered on Dec 13, 2018
Answered on Dec 13, 2018
Cary B. Hall's answer
Well, initially, have you talked to your neighbors about it? I always suggest trying the "neighborly" way before doing anything else.
If you can't resolve things informally with your neighbors, then I'd suggest you get a survey done of your property -- and don't trust any past one. Make sure you have the correct survey before you go off half-cocked. Armed with the survey, you could have an attorney send a formal letter to your neighbor with whatever request you have to make things...
Well, initially, have you talked to your neighbors about it? I always suggest trying the "neighborly" way before doing anything else.
If you can't resolve things informally with your neighbors, then I'd suggest you get a survey done of your property -- and don't trust any past one. Make sure you have the correct survey before you go off half-cocked. Armed with the survey, you could have an attorney send a formal letter to your neighbor with whatever request you have to make things...
Q: If I have another important matter the day I have a court hearing for child support can it be rescheduled to another day
Cary B. Hall's answer
Potentially yes -- but you should request a postponement ASAP, and in writing. Make sure you send a copy to the other side as well, and state in your written request that you're doing so. Include your phone number so that Domestic Relations will be able to contact you quickly and easily as well.
Best of luck to you.
Potentially yes -- but you should request a postponement ASAP, and in writing. Make sure you send a copy to the other side as well, and state in your written request that you're doing so. Include your phone number so that Domestic Relations will be able to contact you quickly and easily as well.
Best of luck to you.
Q: How do you challange a search warrant issued due to false and theoretical probable cause affidavit
Cary B. Hall's answer
Your best bet is to hire an attorney, and have him/her contact the police to find out what their intentions are with the property seized, and whether they intend to file any charges.
If you'd like to discuss this matter further, I do practice in Bucks County. Feel free to contact me offsite -- my contact information is contained in my Justia profile.
Best of luck to you.
Your best bet is to hire an attorney, and have him/her contact the police to find out what their intentions are with the property seized, and whether they intend to file any charges.
If you'd like to discuss this matter further, I do practice in Bucks County. Feel free to contact me offsite -- my contact information is contained in my Justia profile.
Best of luck to you.
Q: Do i have the right to file for child support and a custody modification all in one day?
Cary B. Hall's answer
No reason why you can't -- although you'll file for child support in the Domestic Relations Office, and your petition to modify custody with the Prothonotary's Office (two different desks, and maybe even two completely separate buildings). There will surely be a fee to file your petition to modify custody, so make sure you bring it and in the correct form of payment accepted by the court.
Best of luck to you.
No reason why you can't -- although you'll file for child support in the Domestic Relations Office, and your petition to modify custody with the Prothonotary's Office (two different desks, and maybe even two completely separate buildings). There will surely be a fee to file your petition to modify custody, so make sure you bring it and in the correct form of payment accepted by the court.
Best of luck to you.
Q: Will the increase the payments if I lost my job and can’t afford to for daycare for my son or medical bills
Matthew Fox's answer
These really are questions you should be asking your lawyer. With limited information it is impossible to tell you definitively how your payments might change. I urge you to consult with your lawyer regarding your concerns, or, if you weren't represented, then consult with an experienced family law attorney in your area. In the meeting the lawyer can review your specific situation and give you well-informed advice.
These really are questions you should be asking your lawyer. With limited information it is impossible to tell you definitively how your payments might change. I urge you to consult with your lawyer regarding your concerns, or, if you weren't represented, then consult with an experienced family law attorney in your area. In the meeting the lawyer can review your specific situation and give you well-informed advice.
Q: How do I decide if I need to file a workers' compensation or a personal injury claim for my work injury?
Glenn Neiman's answer
I would urge you to meet with an attorney certified as a specialist in workers' compensation law, whether my firm or another of the fine attorneys on this board. The attorney will help figure out where and how to proceed. That is one of the benefits to having an attorney represent you! Peace of mind.
I would urge you to meet with an attorney certified as a specialist in workers' compensation law, whether my firm or another of the fine attorneys on this board. The attorney will help figure out where and how to proceed. That is one of the benefits to having an attorney represent you! Peace of mind.
Q: What should I do or bring he bringing paper work that he pays mortgage
Cary B. Hall's answer
If he's paying the mortgage on the martial home, he may indeed get credit for that -- because that is, in fact, keeping a roof over the children's heads (and yours), and counts for a lot.
You should consider getting a lawyer yourself, of course. If you can't afford one, you might want to look into your local legal aid organization that could provide an attorney at a reduced or even no cost to you.
Ultimately, however, just go to your child support conference and see what...
If he's paying the mortgage on the martial home, he may indeed get credit for that -- because that is, in fact, keeping a roof over the children's heads (and yours), and counts for a lot.
You should consider getting a lawyer yourself, of course. If you can't afford one, you might want to look into your local legal aid organization that could provide an attorney at a reduced or even no cost to you.
Ultimately, however, just go to your child support conference and see what...
Q: I stole some money from my employer. I'm 16 and still a minor. I have no clue of they caught me or not. What can happen
Cary B. Hall's answer
Open the letter, and find out.
You're also posing your question from New York . . . but in a Pennsylvania law forum. If things happened in New York, try asking your question in the New York law forum.
If you stole from your employer, you could be charged with theft in the juvenile system. Punishments range from probation + restitution (paying the money back) + community service, to actual detention.
Best of luck to you.
Open the letter, and find out.
You're also posing your question from New York . . . but in a Pennsylvania law forum. If things happened in New York, try asking your question in the New York law forum.
If you stole from your employer, you could be charged with theft in the juvenile system. Punishments range from probation + restitution (paying the money back) + community service, to actual detention.
Best of luck to you.
Q: Paid support after company aquired. New company sent to wrong State. I’m now in arrears. Company to correct. What now?
Cary B. Hall's answer
If you've got issues about how your child support is being garnished and/or credited, contact your local Domestic Relations section to clear things up. If that doesn't work, you can request a formal audit from Domestic Relations to make sure everything adds up.
Best of luck to you.
If you've got issues about how your child support is being garnished and/or credited, contact your local Domestic Relations section to clear things up. If that doesn't work, you can request a formal audit from Domestic Relations to make sure everything adds up.
Best of luck to you.
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