Pennsylvania Questions & Answers by Practice Area
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Pennsylvania Questions & Answers
Q: I have 2 bench warrents form columbus ohio fortraffic violations I'm due in Pittsburgh pa. court will they hold me
Cary B. Hall's answer
I don't believe so, no. I suggest you contact the arresting officer in Pennsylvania, however, and ask him or her if there are any detainers against you in Pennsylvania -- just to be sure.
Best of luck to you.
I don't believe so, no. I suggest you contact the arresting officer in Pennsylvania, however, and ask him or her if there are any detainers against you in Pennsylvania -- just to be sure.
Best of luck to you.
Q: got ticket. Officer said he would help me in court because he has a daughter my age and to plead not guilty- what should
Cary B. Hall's answer
It depends what you were charged with. But if you plead not guilty to whatever the charge, there's at least a chance that you'll get a lesser penalty that pleading 100% guilty -- although there could be additional court costs tacked on if you have a hearing and lose.
In addition, most magisterial district courts require you to pay the entire ticket cost when you send in a not-guilty plea, and then you get a refund if you win. But if you read the small print on the back of the...
It depends what you were charged with. But if you plead not guilty to whatever the charge, there's at least a chance that you'll get a lesser penalty that pleading 100% guilty -- although there could be additional court costs tacked on if you have a hearing and lose.
In addition, most magisterial district courts require you to pay the entire ticket cost when you send in a not-guilty plea, and then you get a refund if you win. But if you read the small print on the back of the...
Q: Can my ex husband try to withdraw paternity after trying to get custody once I filed for child support?
Kathryn Hilbush's answer
If she was born during your marriage, he has acted as her father, and has acknowledged his paternity f her in his custody filings (I assume), chances are he will not succeed. You can always have a DNA test done . I suggest that you consult in person with an experienced family law attorney to represent you in the support case to be sure everything goes as it should.
If she was born during your marriage, he has acted as her father, and has acknowledged his paternity f her in his custody filings (I assume), chances are he will not succeed. You can always have a DNA test done . I suggest that you consult in person with an experienced family law attorney to represent you in the support case to be sure everything goes as it should.
Q: Back support
Kathryn Hilbush's answer
Are you asking if you can still try to collect the support? The answer is yes. You can contact Domestic Relations to see what actions they've taken recently to collect. You can also have the arrears reduced to a judgement, but before you do that you will want to consult in person with an experienced family law attorney because there can be disadvantages to doing so, particularly if someone moves frequently.
Are you asking if you can still try to collect the support? The answer is yes. You can contact Domestic Relations to see what actions they've taken recently to collect. You can also have the arrears reduced to a judgement, but before you do that you will want to consult in person with an experienced family law attorney because there can be disadvantages to doing so, particularly if someone moves frequently.
Q: My husband left me six years ago for another woman i need his name off the deed of my home it my home it paid for i
Cary B. Hall's answer
If his name is on the deed to the house, it's legally also his home too. If he won't voluntarily agree to execute a new deed to you without his name, then you're going to have to file for divorce and ask the court for assistance and equitable distribution of marital property. That would include distribution of the house and all associated paperwork like deed changes.
I do practice family law in Delaware County, so if you'd like to discuss your situation in further detail, feel free to...
If his name is on the deed to the house, it's legally also his home too. If he won't voluntarily agree to execute a new deed to you without his name, then you're going to have to file for divorce and ask the court for assistance and equitable distribution of marital property. That would include distribution of the house and all associated paperwork like deed changes.
I do practice family law in Delaware County, so if you'd like to discuss your situation in further detail, feel free to...
Q: If I do not go to jury summons in York county will I goto jail?
Cary B. Hall's answer
It's possible that York County could issue a warrant for your arrest and bring you before a Judge to determine why you didn't appear for jury duty. I see you're asking your question from Philadelphia, however -- it's unlikely that York County will send its sheriffs to Philadelphia to serve such a warrant upon you and arrest you.
If you now live in Philadelphia, change your driver's license address with PennDOT and you won't have to deal with York County any longer. You can also...
It's possible that York County could issue a warrant for your arrest and bring you before a Judge to determine why you didn't appear for jury duty. I see you're asking your question from Philadelphia, however -- it's unlikely that York County will send its sheriffs to Philadelphia to serve such a warrant upon you and arrest you.
If you now live in Philadelphia, change your driver's license address with PennDOT and you won't have to deal with York County any longer. You can also...
Q: I was arrested and the case was dismissed. I had it expunged. If asked if I was arrested or convicted can I say no?
Cary B. Hall's answer
Sure . . . but it's not true. You were arrested. Really, however, employers, etc. aren't supposed to ask about mere arrests, but that question is still commonly on job and other applications. If you've had your record expunged, it shouldn't come up on a background check (and the key word is *shouldn't*), so a negative answer would yield no contrary findings.
It's your call. But I'd suggest doing your own background check on yourself to see what comes up. If it's all clear, you...
Sure . . . but it's not true. You were arrested. Really, however, employers, etc. aren't supposed to ask about mere arrests, but that question is still commonly on job and other applications. If you've had your record expunged, it shouldn't come up on a background check (and the key word is *shouldn't*), so a negative answer would yield no contrary findings.
It's your call. But I'd suggest doing your own background check on yourself to see what comes up. If it's all clear, you...
Q: My Son Turn 18 on 2017, he graduated too, My child support stop, but what happen with the 3,800 his father own me... ?
Cary B. Hall's answer
You should contact the Berks County Domestic Relations Office and talk to someone. Often, if there's still a balance due, child support continues until the arrears are paid off. Ask Domestic Relations about that.
Best of luck to you.
You should contact the Berks County Domestic Relations Office and talk to someone. Often, if there's still a balance due, child support continues until the arrears are paid off. Ask Domestic Relations about that.
Best of luck to you.
Q: i got a DUI driving with suspended lisence possion and tampering with evidence this was in Doyle's town
Cary B. Hall's answer
If this is your first DUI, I've got to think that your driver's license suspension was not a DUI-suspension. Extremely important distinction, because if you drive on a DUI-suspended license, it's an automatic 60 days in jail. If you drive *drunk* on a DUI-suspended license, it's 90 days in jail. But if it's just driving on a regular ol' suspended license, whether drunk or sober, there's no extra jail time.
For a first DUI, it's usually up to 72 hours in jail -- unless you qualify for...
If this is your first DUI, I've got to think that your driver's license suspension was not a DUI-suspension. Extremely important distinction, because if you drive on a DUI-suspended license, it's an automatic 60 days in jail. If you drive *drunk* on a DUI-suspended license, it's 90 days in jail. But if it's just driving on a regular ol' suspended license, whether drunk or sober, there's no extra jail time.
For a first DUI, it's usually up to 72 hours in jail -- unless you qualify for...
Q: Is it legal or illegal for a "master" to omit a fabricated statement/lie from a Court order that a person testified to
Kathryn Hilbush's answer
Maybe the Master just recognized that the statement was incorrect. Hard to know without knowing all of the facts.
Maybe the Master just recognized that the statement was incorrect. Hard to know without knowing all of the facts.
Q: Can civil cases be included in bankruptcy if your drivers license is suspended for nonpayment in the state of pa?
Timothy Denison's answer
Yes. Civil cases can be included, although debts owed to the state are a bit trickier, especially if it’s a fine or court costs.
Yes. Civil cases can be included, although debts owed to the state are a bit trickier, especially if it’s a fine or court costs.
Q: Hi my son and his girlfriend recently had a baby she wants to come live with us but her mother does not want her to
Kathryn Hilbush's answer
And your question is can she move in with you? If her parents object, no, not until she's 18. You grandparents need to try to work something out between you if possible in the meantime.
And your question is can she move in with you? If her parents object, no, not until she's 18. You grandparents need to try to work something out between you if possible in the meantime.
Q: What can be sufficient evidences for adultery fault divorce in Pennsylvania?
Kathryn Hilbush's answer
It depends on whether he has first hand knowledge or his statement is based on what someone else told him. If you're sure you don't want to remain married, then please talk to an experienced family law attorney in your area. Fault divorces are really quite rare these days and, once you consult with an attorney in person, you'll understand that getting a fault divorce is more expensive and really doesn't give you any leverage in the area of property distribution. If you wife files for alimony,...
It depends on whether he has first hand knowledge or his statement is based on what someone else told him. If you're sure you don't want to remain married, then please talk to an experienced family law attorney in your area. Fault divorces are really quite rare these days and, once you consult with an attorney in person, you'll understand that getting a fault divorce is more expensive and really doesn't give you any leverage in the area of property distribution. If you wife files for alimony,...
Q: Knee Replacement Failure, Zimmer Knee Can a Law suit be filed?
Elizabeth Tarasi's answer
Check with this law firm https://www.borrilawfirm.com/zimmer-knee-replacement-lawsuit/
They filed a class action.
Check with this law firm https://www.borrilawfirm.com/zimmer-knee-replacement-lawsuit/
They filed a class action.
Q: My husband left me six years ago for a another woman i need to get his off the deed to my home
Kathryn Hilbush's answer
You have a few choices. You can ask him to sign off on a new deed. You can file for divorce and ask for property division to have the court decide who gets the house. Since there's a lot more to your circumstances than that you've been separated and want your house, I cannot give you any more thoughts on your questions. You should consult with a local attorney experienced in family law to discuss your situation and your options.
You have a few choices. You can ask him to sign off on a new deed. You can file for divorce and ask for property division to have the court decide who gets the house. Since there's a lot more to your circumstances than that you've been separated and want your house, I cannot give you any more thoughts on your questions. You should consult with a local attorney experienced in family law to discuss your situation and your options.
Q: will splits property 50/50 with my bro but than sets value of her farm at a low rate gives bro right of 1st refusal
Michael Cherewka's answer
It is unclear from this summary if this is a Will and a separate agreement which is a combination of a sale and gift, or if this is all set forth in a Will. In general there is nothing wrong with a partial sale/partial gift, but as you have described it there are a lot of questions regarding if there are other provisions to equalize the estate if your brother exercises the right, who pays the inheritance taxes on the value of the property, etc. since your Mother expressed an intent for the...
It is unclear from this summary if this is a Will and a separate agreement which is a combination of a sale and gift, or if this is all set forth in a Will. In general there is nothing wrong with a partial sale/partial gift, but as you have described it there are a lot of questions regarding if there are other provisions to equalize the estate if your brother exercises the right, who pays the inheritance taxes on the value of the property, etc. since your Mother expressed an intent for the...
Q: My ex-husband and I share 50/50 custody of our 3 children.
Kathryn Hilbush's answer
It's impossible to answer your question without many more details. There is a specific manner of calculating 50/50 custody support cases. What the court will decide in regard to your voluntary cessation of employment, I can't guess. Yes, the court may take into account that he takes the two children as exemptions but remember too that by doing so his income for support purposes will actually be a bit higher. And, in case you're asking this, no, your husband's income will not be used in the...
It's impossible to answer your question without many more details. There is a specific manner of calculating 50/50 custody support cases. What the court will decide in regard to your voluntary cessation of employment, I can't guess. Yes, the court may take into account that he takes the two children as exemptions but remember too that by doing so his income for support purposes will actually be a bit higher. And, in case you're asking this, no, your husband's income will not be used in the...
Q: so I got a ticket , the police officer said that I was speeding 45 in a 25 limit. but true is I wasn't speeding .
Cary B. Hall's answer
It will be your word against the police officer's, unfortunately -- unless you had a passenger that would be willing to testify on your behalf at a hearing before the Magisterial District Judge. But give it shot . . . what have you got to lose?
In the alternative, the officer and/or the court may be willing to reduce the speeding citation to 5 mph over the limit, and that would reduce the number of points on your driving record to zero. Many take that offer if given, and you may want...
It will be your word against the police officer's, unfortunately -- unless you had a passenger that would be willing to testify on your behalf at a hearing before the Magisterial District Judge. But give it shot . . . what have you got to lose?
In the alternative, the officer and/or the court may be willing to reduce the speeding citation to 5 mph over the limit, and that would reduce the number of points on your driving record to zero. Many take that offer if given, and you may want...
Q: I had my children out of wedlock fathers is on the birth certificate and also singed the. Paternity. Does he have rights
1 Answer
| Asked
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Adoption, Family Law and Child Custody
for
Pennsylvania
on
Answered on Aug 12, 2018
Answered on Aug 12, 2018
Cary B. Hall's answer
Yes, he has parental rights . . . unless and until a court terminates them. You can certainly file a petition asking the court to involuntarily terminate his parental rights -- and at the same time, your new man can file a petition to adopt the children. In fact, a court will NOT terminate a parent's rights to children unless there's someone else ready, willing and able to step into parental shoes. Realize, however, that if the court does exactly as you ask, your new man will have all the...
Yes, he has parental rights . . . unless and until a court terminates them. You can certainly file a petition asking the court to involuntarily terminate his parental rights -- and at the same time, your new man can file a petition to adopt the children. In fact, a court will NOT terminate a parent's rights to children unless there's someone else ready, willing and able to step into parental shoes. Realize, however, that if the court does exactly as you ask, your new man will have all the...
Q: My fiance and I live in PA and I am the only one with income because I receive Cash Assistance from the Welfare Office
Kathryn Hilbush's answer
You know, with the economy going well, it's probably difficult for the court to believe that eh can't find some kind of work, even if it's not in his preferred field. He can always ask the court to give him a brief break in making payments. I'm not sure how successful that would be but, if he's up to date on his payments now, there isn't any harm in trying.
You know, with the economy going well, it's probably difficult for the court to believe that eh can't find some kind of work, even if it's not in his preferred field. He can always ask the court to give him a brief break in making payments. I'm not sure how successful that would be but, if he's up to date on his payments now, there isn't any harm in trying.
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