Pennsylvania Questions & Answers by Practice Area
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Pennsylvania Questions & Answers
Q: How would you know if there were outstanding arears
Kathryn Hilbush's answer
Contact the Domestic Relations Office in the county where the case originated and ask. They'll be happy to tell you if you're one of the parties in the support case.
Contact the Domestic Relations Office in the county where the case originated and ask. They'll be happy to tell you if you're one of the parties in the support case.
Q: My wife is refusing to sign the mutual divorce decree can I still get divorce without her signature??
Kathryn Hilbush's answer
If you wait another six months, after you've been separated for a year, you'll be able to proceed with a unilateral divorce under Section 3301(d) of the Divorce Code.
If you wait another six months, after you've been separated for a year, you'll be able to proceed with a unilateral divorce under Section 3301(d) of the Divorce Code.
Q: Self-representing for divorce after being abandoned by attorney – need help with next steps.
Kathryn Hilbush's answer
Unfortunately, you left out some important information like what the Counter-Affidavit claims your date of separation to be but I have to assume it's not the same as what your 3301(d) Affidavit stated. Now, the Rules of Civil Procedure require the Counter-Affidavit to be filed within 20 days of service of the 3301(d) Plaintiff's Affidavit so, assuming that the other side isn't totally incompetent, I think you either may be missing something or haven't set it forth here. So, even though you...
Unfortunately, you left out some important information like what the Counter-Affidavit claims your date of separation to be but I have to assume it's not the same as what your 3301(d) Affidavit stated. Now, the Rules of Civil Procedure require the Counter-Affidavit to be filed within 20 days of service of the 3301(d) Plaintiff's Affidavit so, assuming that the other side isn't totally incompetent, I think you either may be missing something or haven't set it forth here. So, even though you...
Q: Im in AZ, and my son in P.A got him for this summer, found out his living conditions are horrible,can i get emerg cus
Cary B. Hall's answer
If there's a Pennsylvania custody order, and the child is residing mostly in Pennsylvania, then any modification of that order should occur in Pennsylvania. Yes, you can file to modify it. Yes, you can ask the court to expedite your request on an emergency basis. And you should do so ASAP if you want any chance of getting things changed in time to enroll him in school in Arizona.
If the custody order is out of southeastern Pennsylvania and you'd like to discuss your options further,...
If there's a Pennsylvania custody order, and the child is residing mostly in Pennsylvania, then any modification of that order should occur in Pennsylvania. Yes, you can file to modify it. Yes, you can ask the court to expedite your request on an emergency basis. And you should do so ASAP if you want any chance of getting things changed in time to enroll him in school in Arizona.
If the custody order is out of southeastern Pennsylvania and you'd like to discuss your options further,...
Q: Does New Jersey corporate law require shareholder approval before executing a stock reverse split?
Cary B. Hall's answer
You're asking this question in a Pennsylvania law forum. Try asking your question on the New Jersey side for an answer concerning New Jersey law. Best of luck to you.
You're asking this question in a Pennsylvania law forum. Try asking your question on the New Jersey side for an answer concerning New Jersey law. Best of luck to you.
Q: My wife divorced her first husband 11 years ago. Their son is 14 and the father (David) never gave
Cary B. Hall's answer
Yes -- she can file for child support. If she did years ago but got nowhere, she can re-file or file a petition to modify the original support amount.
If you're asking from Warrington, you're in Bucks County (where I frequently practice family law, among other jurisdictions). Feel free to contact me offsite if you'd like to discuss your wife's situation further. Best of luck to you both.
Yes -- she can file for child support. If she did years ago but got nowhere, she can re-file or file a petition to modify the original support amount.
If you're asking from Warrington, you're in Bucks County (where I frequently practice family law, among other jurisdictions). Feel free to contact me offsite if you'd like to discuss your wife's situation further. Best of luck to you both.
Q: Can i open a new case in Domestic Relations even though I closed one previously?
Cary B. Hall's answer
Yes, you can. You can also file a Petition for Contempt with the court if there's a settlement that was part of your divorce decree and your ex hasn't followed it.
If you'd like to discuss your case offsite, feel free to contact me. If you're asking from Whitehall, I do practice family in Lehigh and Northampton Counties. Best of luck to you.
Yes, you can. You can also file a Petition for Contempt with the court if there's a settlement that was part of your divorce decree and your ex hasn't followed it.
If you'd like to discuss your case offsite, feel free to contact me. If you're asking from Whitehall, I do practice family in Lehigh and Northampton Counties. Best of luck to you.
Q: A dangerous intersection is ignored by state and local township where several accidents could have been avoided
Cary B. Hall's answer
Probably because of money -- it takes cash to remedy such a situation, including traffic/feasibility studies, construction, etc. And the cash needed is going to take away from somewhere else in the local budget. If it's a State Route, however, PennDOT should get involved and maybe even pay for the whole thing . . . but they can be slow as molasses.
Best bet is to bring it up to your local officials. Go to council meetings and speak up. Contact PennDOT directly. Get folks to sign a...
Probably because of money -- it takes cash to remedy such a situation, including traffic/feasibility studies, construction, etc. And the cash needed is going to take away from somewhere else in the local budget. If it's a State Route, however, PennDOT should get involved and maybe even pay for the whole thing . . . but they can be slow as molasses.
Best bet is to bring it up to your local officials. Go to council meetings and speak up. Contact PennDOT directly. Get folks to sign a...
Q: Can I be Placed for failing a psycho sexual exam?
1 Answer
| Asked
in
Criminal Law, Sexual Harassment, Family Law and Juvenile Law
for
Pennsylvania
on
Answered on Jun 22, 2018
Answered on Jun 22, 2018
Cary B. Hall's answer
Talk to your lawyer, who can then talk to the folks in the juvenile department. Cases like this are often location-specific, so knowing the local practices and people is the key to navigating your case and minimizing your consequences. Best of luck to you.
Talk to your lawyer, who can then talk to the folks in the juvenile department. Cases like this are often location-specific, so knowing the local practices and people is the key to navigating your case and minimizing your consequences. Best of luck to you.
Q: Can i sue a cop for for taking me to get blood after a DUI crash accident when i was unconcious instead the hospital
2 Answers
| Asked
in
Car Accidents, Civil Litigation and Civil Rights
for
Pennsylvania
on
Answered on Jun 22, 2018
Answered on Jun 22, 2018
Q: Hi -- I received a summons in the mail citing PA 75 sec 3305. I was not stopped or ticketed by the police so the
Cary B. Hall's answer
Sure, go fight it. Tell the local magisterial district judge your side of the story, and a decision will be made. Maybe the cop doesn't even show up, and you win by default? It happens. Worst case scenario is that you pay the ticket anyway.
Best of luck to you.
Sure, go fight it. Tell the local magisterial district judge your side of the story, and a decision will be made. Maybe the cop doesn't even show up, and you win by default? It happens. Worst case scenario is that you pay the ticket anyway.
Best of luck to you.
Q: What charges can a dog that was sold that wasnt theres can be?
Cary B. Hall's answer
Theft by deception, at the very least. Contact the local police department for the city in which the dog-flipper lives and file a report. It's possible the police will try to persuade you to sue the person in small claims court, but be persistent and ask that criminal charges be brought. You may not be successful, but you'll never get unless you ask.
Best of luck to you.
Theft by deception, at the very least. Contact the local police department for the city in which the dog-flipper lives and file a report. It's possible the police will try to persuade you to sue the person in small claims court, but be persistent and ask that criminal charges be brought. You may not be successful, but you'll never get unless you ask.
Best of luck to you.
Q: If a married couple have been living seperate for 6 yrs if he files for divorce can she go for alimony now?
Cary B. Hall's answer
Yes, she can ask the court for it -- but that doesn't mean she'll get it. If she's been able to support herself during 6 years of separation, she probably won't get much (unless he's been giving her money during those years, or otherwise been paying for marital expenses, like a mortgage payment).
Yes, she can ask the court for it -- but that doesn't mean she'll get it. If she's been able to support herself during 6 years of separation, she probably won't get much (unless he's been giving her money during those years, or otherwise been paying for marital expenses, like a mortgage payment).
Q: If a child support case was dropped or closed can a parent get it reopened after the child is 18 years old?
Cary B. Hall's answer
No, typically not.
Child support is for the benefit of the child . . . and the child is now an adult, so no more child support.
No, typically not.
Child support is for the benefit of the child . . . and the child is now an adult, so no more child support.
Q: My husband said he wanted to separate after 35 yrs of marriage. If I leave the house would I be jeopardizing anything ?
Cary B. Hall's answer
First of all, sorry to hear about your situation. I've gone through divorce myself, and it's no fun.
You can certainly move out -- you're not trapped or caged there. I do suggest sitting down with a family law attorney immediately, however, to go over what to expect during a separation and divorce. And I would do this *before* you move out. If you'd like to speak further about your situation, feel free to contact me offsite -- my office is in Norristown, a half-block from the...
First of all, sorry to hear about your situation. I've gone through divorce myself, and it's no fun.
You can certainly move out -- you're not trapped or caged there. I do suggest sitting down with a family law attorney immediately, however, to go over what to expect during a separation and divorce. And I would do this *before* you move out. If you'd like to speak further about your situation, feel free to contact me offsite -- my office is in Norristown, a half-block from the...
Q: If I am 16, can I legally move out of my house without parental consent? I would be moving into a healthy, safe home.
1 Answer
| Asked
in
Child Custody, Family Law and Juvenile Law
for
Pennsylvania
on
Answered on Jun 21, 2018
Answered on Jun 21, 2018
Cary B. Hall's answer
First of all, I see you're asking from Ohio -- and this is a Pennsylvania law forum. The answers you get here will be about Pennsylvania law only. If you're looking for Ohio law, I suggest you post your question there.
As for a summary of your options and Pennsylvania law concerning your issues, take a look at this:...
First of all, I see you're asking from Ohio -- and this is a Pennsylvania law forum. The answers you get here will be about Pennsylvania law only. If you're looking for Ohio law, I suggest you post your question there.
As for a summary of your options and Pennsylvania law concerning your issues, take a look at this:...
Q: my girl suicidal she threw herself at the car I was charged with accident bodily injury possible death
Peter Munsing's answer
First, you need a criminal defense attorney. Second, do not discuss this case on any website even this one. Don't discuss it in emails. They are subject to being taken by court order. Do not erase anything.
First, you need a criminal defense attorney. Second, do not discuss this case on any website even this one. Don't discuss it in emails. They are subject to being taken by court order. Do not erase anything.
Q: I have never been served papers and it's been 6 months since the case was opened. What are my options?
Peter Munsing's answer
If you had insurance just notify them of the filing and let them handle it. I would send them a note, certified return receipt.
If you get anything notify them.
If you had insurance just notify them of the filing and let them handle it. I would send them a note, certified return receipt.
If you get anything notify them.
Q: My son 12 fell in history class and hit his head. His teacher left him on the floor crying.
Peter Munsing's answer
Yes, but unless it caused an additional problem, made it worse its' not actionable.
Yes, but unless it caused an additional problem, made it worse its' not actionable.
Q: I'm a war/vintage style artist and I was wondering how can I legally use aircrafts and vehicles in all my prints?
Peter Munsing's answer
As long as you aren't lifting the entire image and photo reproducing it no. You may paint a subject already painted--many art students do this. I'm not seeing the concern. If you are painting an aircraft shown in a photo it's not a copyright violation. I believe you may be over thinking this but if you have a specific concern why not ask a copyright lawyer.
As long as you aren't lifting the entire image and photo reproducing it no. You may paint a subject already painted--many art students do this. I'm not seeing the concern. If you are painting an aircraft shown in a photo it's not a copyright violation. I believe you may be over thinking this but if you have a specific concern why not ask a copyright lawyer.
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