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Pennsylvania Questions & Answers

1 Answer | Asked in Personal Injury for Pennsylvania on

Q: My son was playing outside and a neighbor took a door out to the garage that had a window in it. My son kicked the

Window and caused him to have 10-15 stitches is my neighbor liable

Peter N. Munsing answered on Aug 24, 2019

If your son went on the neighbors property then the neighbor doesn't have an obligation to know your son will engage in vandalism. If your son is young how did he get to the neighbors yard? Who was watching him?

1 Answer | Asked in Education Law for Pennsylvania on

Q: Can a parent demand a certain level of math placement in a PA middle school? Can the school district say no?

My daughter was recommended for top class two years in a row by the classroom teacher. We declined but found that last year was not challenging for her. Now that we want to try the top class they are saying no. Can we force it?

Peter N. Munsing answered on Aug 24, 2019

You can ask for an IEP but talking to the counselor would be your first step. Let you kid be challenged if she is willing to be.

1 Answer | Asked in Business Law for Pennsylvania on

Q: What do I need to draw and sell caricatures on the street/sidewalk?

Peter N. Munsing answered on Aug 24, 2019

Permission of the owner. The Borough may view you as a street performer and require a permit. There may be requirements that you do not block passage so you need to be sure you avoid a citation by reading, knowing, following the regulations. Maybe get a copy and discuss with the local precinct how... Read more »

2 Answers | Asked in Real Estate Law for Pennsylvania on

Q: I purchased my boyfriends grandmothers home from her estate using money from my retirement savings plan.

We put the house in his name for tax reasons. The plan was to add my name to the deed. We broke up and now he has the house. Is there anything I can do?

Elizabeth Tarasi answered on Aug 24, 2019

You are going to need to sue him.

Put together all the documents that show you paid for the home.

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2 Answers | Asked in Real Estate Law for Pennsylvania on

Q: our neighbor wants to buy a portion of our lot we agreed on a price but I want to back out we have no written agreement.

we own a lot behind our house our neighbor wants to buy a portion of it, we agreed on a price but I want to back out can I back out without a legal problem. we do not have a written agreement

Elizabeth Tarasi answered on Aug 23, 2019

no but you risk them bringing a lawsuit against you. Land sale contracts Should be in writing.

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1 Answer | Asked in Traffic Tickets for Pennsylvania on

Q: Should I try to get the points dropped from my speeding ticket?

I received a speeding ticket a few days ago. I was driving 58 mph in a 35 mph and got clocked by a speed trap. I received a ticket carrying 2 points. The officer wrote the ticket for driving 45 mph in a 35 mph and gave 2 points instead of 4 to "save us both a trip to court". He did write in the... Read more »

Peter N. Munsing answered on Aug 22, 2019

The cop was trying to cut you a break. If it's a state trooper no way will they drop anything. Even a local obviously felt that if you were doing 23 over that you need to get something more than a no points. A district justice will likely note that the cop was trying to be lenient and decide to... Read more »

1 Answer | Asked in Real Estate Law for Pennsylvania on

Q: I'm going to lose my house September 19th due to back property taxes can somebody please help me

I live in Carbon County I was put on a payment plan for my 2017 taxes and I lost my job I called up and tax Bureau and Jim Thorpe and told them the situation and they said if I don't make that $312 payment that I need to come up with $2,500 to pay my 2018 and the 312 that I owe if somebody can... Read more »

Peter N. Munsing answered on Aug 22, 2019

Contact legal services if you haven't already. There may be exemptions you can get. Your state representative may be able to help you find other resources.

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Pennsylvania on

Q: What rights does my child's biological father have if he isn't listed on birth certificate?

He has threatened me. Has a criminal record,participates in illegal activities. I do not want him around my daughter at all. Does he have a chance in court

Peter N. Munsing answered on Aug 22, 2019

He has the rights of parenthood if he can prove that which I assume he can. However they are limited, and if he has threatened you getting a pfa would be a first step, and you will need to speak with family relations and ideally a family law attorney about other options.

1 Answer | Asked in Criminal Law for Pennsylvania on

Q: Can I bring charges against a man who has babies and abandons them?

He doesn’t inform women he has several children. He pretends he has one son, impregnates a women then leaves when it’s too late to abort. He has 8 kids by 7 different women n another one on the way! It’s a sport to him. The women are forced into single parenthood because he thinks it’s... Read more »

Peter N. Munsing answered on Aug 22, 2019

Being a serial philanderer is not a crime. However, there are child support enforcement mechanisms and if he has to pay enough bills that may get him to at least take preventative measures.

1 Answer | Asked in Child Support for Pennsylvania on

Q: I have custody of my 2 boys. My soon to be ex is supposed to be paying support since Jan 2019. So far she hasn't.

What are my options? She is behind by $4000. Thank you

Kathryn Hilbush answered on Aug 21, 2019

Contact Domestic Relations and have them file for contempt. It's actually a bit odd that the computer has spewed out a contempt petition already

1 Answer | Asked in Family Law for Pennsylvania on

Q: I have two son in pennsylvania, one graduates in May, Does he get removed from the support when he graduates?

I have two sons 17 and 14, The 17 year old turns 18 in April and Graduates in May. Neither his mother or I reside in Pennsylvania any longer. Does he automatically gets removed or do I have to file?

Kathryn Hilbush answered on Aug 21, 2019

A notice should be sent out in advance of his 18th birthday, asking his mother, and I believe you as well, whether he should be removed from the order at 18. Obviously, the answer is no because he's not been graduated from high school. If the mother says to remove him at at graduation, then he'll... Read more »

1 Answer | Asked in Uncategorized for Pennsylvania on

Q: What does cancellation suspension mean?

Tim Akpinar answered on Aug 21, 2019

As a general matter, cancellation can mean termination of something, such as a membership or contract. Cancellation is generally deemed to be more permanent in nature than suspension. But it all depends on context and usage. Good luck

Tim Akpinar

1 Answer | Asked in Family Law for Pennsylvania on

Q: Hello, We are a family of 4 with 2 girls under 5 years. I want to know if we can live in 1 bedroom apartment legally?

Kathryn Hilbush answered on Aug 20, 2019

I, m unaware of a law that would prohibit this but the landlord may have qualifying conditions, such as how many people may reside in a one bedroom apartment.

2 Answers | Asked in Child Custody for Pennsylvania on

Q: If a mother is keeping the child away from the father, what can the father do so that he can see he child?

Kathryn Hilbush answered on Aug 20, 2019

The father would likely have to file a custody complaint, seeking time with his child. The complaint would be filed in the county where the child has resided for the last six months.

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1 Answer | Asked in Child Support for Pennsylvania on

Q: My husband received a letter stating his support case is closed? Not sure what this means?

My husband has been paying support since his ex gf and him split up. He has been over paying as his job kept taking the money out. He has been receiving checks back from support for a few months of random amounts, which we did not understand why either. When he logged onto the online portal for... Read more »

Kathryn Hilbush answered on Aug 20, 2019

He can find out for sure by contacting your local Domestic Relations Office. Is his child 18 and been graduated from high school? That's the most likely reason. The checks are being sent back to him because he apparently overpaid and didn't owe any more support. Tell him to make the call to solve... Read more »

1 Answer | Asked in Real Estate Law for Pennsylvania on

Q: If a seller lied on the seller disclosure form about serious material defect even though she sold property as- is

Property is shifted and water coming through the basement. Seller denied these on seller disclosure.what can the buyer? House was sold as- is

Elizabeth Tarasi answered on Aug 19, 2019

The house was sold as is - you can always try to bring a lawsuit but once the transaction is closed you’ll have a hard time trying to rescind the sale or get damages. It was sold as is for a reason.

1 Answer | Asked in Real Estate Law for Pennsylvania on

Q: Can i be held Financially Responsible for Property Violations on a House that i Hold a Quit Claim on?

Quit Claim Deed with Ex Husband 2011. I have not lived there since 2006. Ex in Jail and will not be getting out anytime soon. House needs condemned is falling down and contaminated with meth. The Township (Millcreek) Erie, PA has contacted me said i could be held financially responsible for some... Read more »

Elizabeth Tarasi answered on Aug 19, 2019

Yes you can be held responsible.

1 Answer | Asked in Health Care Law for Pennsylvania on

Q: Botox Injections in Pa

I am an RN certified in Botox and derma filler injections. I aware that injections must be supervised by an MD/DO. My question is does the doctor have to be physically present for a nurse to do injections or can he be within a certain distance and accessible by phone? Is there a regulation that you... Read more »

C.Doris Okafor Dike answered on Aug 19, 2019

Hi, I am not a lawyer in PA. I will say that here in Texas delegation really depends on state statutes. I'd check out your scope of practice laws in Pennsylvania. Certainly tele-medicine is a thing but some states have distance requirements when physicians delegate tasks. Also, are you a nurse... Read more »

1 Answer | Asked in Child Support for Pennsylvania on

Q: if you signed the BC of a kid that you know is not yours do you still have to pay child support

Kathryn Hilbush answered on Aug 18, 2019

I'm assuming you mean you signed an Acknowledgment of Paternity. That means you swore that the child is your biological child. If a support action is filed against you, you'd better consult with an experienced family law attorney to find out if you have any options to avoid paying support until the... Read more »

1 Answer | Asked in Child Support for Pennsylvania on

Q: I live in PA only work part-time. The hearing officer stated that she has to enter for my income full- time?

She said that I am able to work full time so she calculated it at 40 hours minimum wage. Stated that was my capacity to earn

Kathryn Hilbush answered on Aug 18, 2019

I assume your question is "Can she do that?" The answer is "yes". You'll probably have to find another part-time job or a full-time one.

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