Pennsylvania Questions & Answers

Q: cops have continuosly falsely reported to cyf there was a drug lab in my home when therewas not.is that illegal to do???

1 Answer | Asked in Civil Litigation, Criminal Law, Federal Crimes and Libel & Slander for Pennsylvania on
Answered on Oct 22, 2018
Cary B. Hall's answer
If true, then yes, you could probably file section 1983 litigation against them in federal court.

Best of luck to you.

Q: Does section 52 - 200 apply to Pennsylvania civil court and Superior Court of Pennsylvania? What does this mean?

1 Answer | Asked in Civil Rights for Pennsylvania on
Answered on Oct 22, 2018
Cary B. Hall's answer
With no context to your question, I have no idea what it means either. But it does seem to mean that you're not doing a bang-up job representing yourself, right?

Strongly consider seeking at least a consultation with an attorney -- and probably hiring him or her -- for your legal matter. Best of luck to you.

Q: Can my son father take me to court to for me allowing my son to be in my care because he sick and require medication?

1 Answer | Asked in Family Law for Pennsylvania on
Answered on Oct 22, 2018
Cary B. Hall's answer
It doesn't sound like your child's pediatrician instructed you to withhold visitation from Dad; rather, only that your son take medication for 8 weeks. Is there any reason the medication can't be given to Dad to administer to your son during weekend visitation?

Sounds like your son's father has a good case against you. Include your son's father in the medical treatment, and follow the court order. Best of luck to you.

Q: I was charge with DUI and reckless driving, turn signal light out. When to court the Judge withdrew the DUI charges

1 Answer | Asked in DUI / DWI for Pennsylvania on
Answered on Oct 20, 2018
Mr. Ryan L Hyde's answer
Double jeopardy is the concept that you cant be tried twice for the same charge. This means that when you win a trial the CW cant retry you for the same thing. As always, there are exceptions.

Your situation does not appear in anyway to be jeopardy related. Your aituation is confuaing but it seems like maybe you refused chemical testing in the DUI, which leads to a 1 year suspension, even if you arent convicted.

When things are confusing the best thing to do is talk to an...

Q: My son is 29 His father never showed for DNA test and he ran from child support to alabama. Is there Retro what can I do

1 Answer | Asked in Child Support and Family Law for Pennsylvania on
Answered on Oct 20, 2018
Kathryn Hilbush's answer
If you filed for support and the case is still open, perhaps. The first ting you should do is to contact the domestic Relations Office where you filed and then meet with an experienced family law attorney in your area to determine what, if any, recourse you may have.

Q: Hi I’m a mother that’s trying to get full custody of my 4 month old daughter that’s been with me since she’s been born?

1 Answer | Asked in Child Custody and Child Support for Pennsylvania on
Answered on Oct 20, 2018
Kathryn Hilbush's answer
Many considerations come into play when a court decides how custody of a young child should be structured. I would suggest that, based on what you've indicted here, it's unlikely the father will be precluded from seeing your daughter. Perhaps the answer may be a different type of schedule, one in which he has multiple, short visits during the week. Those are usually better for young children. It might be helpful to you to consult in person with an experienced family law attorney in your area...

Q: Do I have a suit

1 Answer | Asked in Personal Injury, Civil Rights and Medical Malpractice for Pennsylvania on
Answered on Oct 18, 2018
Peter Munsing's answer
If you can show there was an injury. Technically you do, but whether it's worth bringing depends on whether there was an injury. Contact an attorney for the county where it happened.

Q: My car accident was in New Jersey and the other car involved is from there -

1 Answer | Asked in Personal Injury for Pennsylvania on
Answered on Oct 18, 2018
Peter Munsing's answer
No though New Jersey is a "verbal threshold " case. You need to contact a member of the NJAssn for Justice for the county where it happened. If you don't know anyone let me know (phone) and I can find someone for you (I'm an NJAJ member, but not a NJ attorney).

Q: Does the UCCJEA act define where the child has physically been for 6 mo. or had ties to? Such as WIC or medical benefits

1 Answer | Asked in Family Law for Pennsylvania on
Answered on Oct 17, 2018
Kathryn Hilbush's answer
Typically it's evidence of actual residence, such as school or pediatrician/dental records showing the residence.

Q: Can I be charged with Home Improvement Fraud when work is 50% complete and there is no completion date in the contract?

2 Answers | Asked in Contracts and Criminal Law for Pennsylvania on
Answered on Oct 17, 2018
Andrea E. Mertz's answer
You may be charged. However, you have some defenses that you and your attorney should be able to use. Contact an attorney immediately upon being charged to discuss how to proceed.

Q: I went to police station in pa to press charges against my boyfriend for domestic abuse in a different county then where

1 Answer | Asked in Domestic Violence for Pennsylvania on
Answered on Oct 17, 2018
Kathryn Hilbush's answer
I suggest that you contact them to tell them you've decided not to proceed any further with the complaint.

Q: I am a resident of PA we just bought a house in OH there is no custody agreement do I still need to send a notice?

1 Answer | Asked in Family Law for Pennsylvania on
Answered on Oct 17, 2018
Kathryn Hilbush's answer
Technically yes. The state rules require the notice, but I suggest that you spend the time to consult with an experienced family law attorney where you currently live to obtain an opinion on how your court there will likely treat a situation like yours.

Q: Divorce is taking 4 years+, hold up is my wife's bankruptcy lawyer taking long on agreement, can i do anything to speed

2 Answers | Asked in Bankruptcy and Divorce for Pennsylvania on
Answered on Oct 16, 2018
Kathryn Hilbush's answer
This question is, on the surface, rather odd because, unless she has obtained an order from the bankruptcy court allowing her divorce case to proceed, it cannot because the bankruptcy, as a federal action, overrides all state court actions relating to her assets. If you don't have an attorney, you'd better consult with an experienced family law attorney about your situation.

Q: Will I go to jail for a first time misdemeanor theft? And could I win a case representing myself?

1 Answer | Asked in Criminal Law for Pennsylvania on
Answered on Oct 16, 2018
Cary B. Hall's answer
If you can't afford an attorney, you *can* afford a public defender if you are formally charged with crimes. Contact your local office and set up a consultation. Best of luck to you.

Q: I am a father who lives in Pennsylvania. Do I have to give my ex-wife my new address when I have the kids with me?

2 Answers | Asked in Family Law for Pennsylvania on
Answered on Oct 16, 2018
Cary B. Hall's answer
Almost assuredly yes -- and if there's no custody agreement which says so, she'll easily be able to get one. This is a battle NOT worth fighting, unless you have imminent fear of physical harm to the kids if you provide your address to your ex-wife. And since she apparently has them at least part-time, you're not going to be able to make that claim. Give her your address.

Best of luck to you.

Q: I received a personal loan with no written contract other than. .pay me when you can" I've been making monthly payments

1 Answer | Asked in Collections for Pennsylvania on
Answered on Oct 16, 2018
Cary B. Hall's answer
Yes, a case that you owe her money, but not really that you're overdue on payments. Still, I can see a magisterial district judge asking about what the verbal arrangement was, and entering a judgment anyway on the full amount due. The lower court won't craft a new contract for you with distinct payment terms, unfortunately for you; it'll just enter a judgment in a numerical amount. Best advice is to try to work it out with her, and get *those* terms in writing.

Best of luck to you.

Q: Will you get in trouble if you are the plaintiff on a PFA order and don't show up for court

2 Answers | Asked in Domestic Violence for Pennsylvania on
Answered on Oct 15, 2018
Cary B. Hall's answer
No. But her Petition will be dismissed if she does not show up.

Q: I live in Pa. My son, 13, moved in with me in Feb 2018, his mother left and went to NC, he insisted on staying with me.

2 Answers | Asked in Family Law and Child Custody for Pennsylvania on
Answered on Oct 15, 2018
Cary B. Hall's answer
You're really going to need to sit down with a family law attorney to ask those questions (and get the answers you're looking for). If were that easy, you could get a library book or watch a YouTube video to get your answers -- but it's not, and you can't. All family law cases are fact-specific, and require more thought than what can be devoted here in a seven-sentence answer, unfortunately. But I do strongly recommend that you get a legal consultation ASAP.

If you can't find an...

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