Pennsylvania Questions & Answers by Practice Area
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Pennsylvania Questions & Answers
Q: Kids Live in SC, I live in PA, Kids want to live with me, What is the process & what are my odds?
Cary B. Hall's answer
You will need to file for a change of custody in South Carolina -- so long as the children have lived there continuously for the past six months. There are uniform child custody jurisdiction laws to deal with situations like this, and most states follow the same rule: wherever the children have lived continuously for the past six months, that's considered the "home state," and custody wranglings must occur there.
In general, the older the children are, the more a court will listen to...
You will need to file for a change of custody in South Carolina -- so long as the children have lived there continuously for the past six months. There are uniform child custody jurisdiction laws to deal with situations like this, and most states follow the same rule: wherever the children have lived continuously for the past six months, that's considered the "home state," and custody wranglings must occur there.
In general, the older the children are, the more a court will listen to...
Q: After filing exceptions for child support what happens next
Kathryn Hilbush's answer
You'll be notified by the court of a hearing date and of any pleadings, calculations, etc. it wants filed before court.
You'll be notified by the court of a hearing date and of any pleadings, calculations, etc. it wants filed before court.
Q: I'm interested in pursuing a contempt case with regard to child custody order
Kathryn Hilbush's answer
Your attempt to make this question gender and litigant neutral makes it a bit confusing but this is what I can tell you. It may not be a contempt petition worthy circumstance but you may want to explore filing a petition to modify the order. I strongly urge you to consult with an experienced family law attorney in your area before you make any legal moves. Sometimes what was an "exchange of words" to one party may appear to be something more serious to another. Try to have the entire matter...
Your attempt to make this question gender and litigant neutral makes it a bit confusing but this is what I can tell you. It may not be a contempt petition worthy circumstance but you may want to explore filing a petition to modify the order. I strongly urge you to consult with an experienced family law attorney in your area before you make any legal moves. Sometimes what was an "exchange of words" to one party may appear to be something more serious to another. Try to have the entire matter...
Q: Are employers obligated to give terminated employees access to their personnel files?
Richard Yaskin's answer
You appear to have answered your own question in the negative by citation to the controlling TJUH case. I don’t see a distinction between no right to inspect and giving access to Personnel files.
Richard
You appear to have answered your own question in the negative by citation to the controlling TJUH case. I don’t see a distinction between no right to inspect and giving access to Personnel files.
Richard
Q: Hello I have a question about real estate
Mark Scoblionko's answer
You would need to consult with a lawyer to see if it is possible to file a suit, possibly a declaratory judgment action, seeking to declare the lease null and void.
You would need to consult with a lawyer to see if it is possible to file a suit, possibly a declaratory judgment action, seeking to declare the lease null and void.
Q: My husband is being charge for stranguling me and i have to testify but i dont want to. I just wanted him to get
Cary B. Hall's answer
You need to contact the Assistant District Attorney handling your husband's case, and tell him/her your position on things. "Strangulation" is a relatively new statute in Pennsylvania, and it's a second-degree felony - punishable by a maximum of 10 years in jail. It's no joke.
Perhaps suggest that you'd prefer probation for your husband on a second-degree misdemeanor "simple assault" charge, with probationary conditions of anger management, domestic violence counseling or whatever...
You need to contact the Assistant District Attorney handling your husband's case, and tell him/her your position on things. "Strangulation" is a relatively new statute in Pennsylvania, and it's a second-degree felony - punishable by a maximum of 10 years in jail. It's no joke.
Perhaps suggest that you'd prefer probation for your husband on a second-degree misdemeanor "simple assault" charge, with probationary conditions of anger management, domestic violence counseling or whatever...
Q: I got married 3 weeks ago. Can I file for divorce now? Since we do not have any debt/assets together.
Kathryn Hilbush's answer
Sure, you can but I suggest that you first give it a chance. Try some marriage and individual counseling.
Sure, you can but I suggest that you first give it a chance. Try some marriage and individual counseling.
Q: Would my spouse be entitled to a portion of my bank account that was opened after being separated
Kathryn Hilbush's answer
Generally assets acquired after separation are non-marital property unless marital assets were used to acquire the post-separation asset. Since you indicate that the account was funded entirely by your wages, it would not be marital property.
Generally assets acquired after separation are non-marital property unless marital assets were used to acquire the post-separation asset. Since you indicate that the account was funded entirely by your wages, it would not be marital property.
Q: How do I know whether a workplace injury will be covered by workers' compensation?
Glenn Neiman's answer
Whether it will be covered is usually easy - the vast majority of employees in PA are covered by workers' compensation. Federal employees are under a different system, as are railroad, harbor and military, but most people are covered by workers' compensation. The better question may be whether your claim would be accepted. Regardless, the best way to find out if you are covered, and whether you should be entitled to benefits, is to have your case reviewed by an attorney who is Certified as a...
Whether it will be covered is usually easy - the vast majority of employees in PA are covered by workers' compensation. Federal employees are under a different system, as are railroad, harbor and military, but most people are covered by workers' compensation. The better question may be whether your claim would be accepted. Regardless, the best way to find out if you are covered, and whether you should be entitled to benefits, is to have your case reviewed by an attorney who is Certified as a...
Q: If I sue for my belongings in house she won't give back can she Cross complaint fiel for emotional distress, loss wages
1 Answer
| Asked
in
Criminal Law, Civil Litigation and Civil Rights
for
Pennsylvania
on
Answered on Apr 20, 2018
Answered on Apr 20, 2018
Cary B. Hall's answer
Sure. She can also sue the Pope, and Mickey Mouse, and Darth Vader. Anyone can sue anyone for anything -- the question is whether or not she'll be successful.
Here's my suggestion: see if you can work it out with your ex. As part of that, tell her you'll be calling the cops and reporting her theft of your belongings if she won't return them. If she still won't, then do just that: call the cops, or go in and file a report. Likely, they'll contact her and try to convince her to...
Sure. She can also sue the Pope, and Mickey Mouse, and Darth Vader. Anyone can sue anyone for anything -- the question is whether or not she'll be successful.
Here's my suggestion: see if you can work it out with your ex. As part of that, tell her you'll be calling the cops and reporting her theft of your belongings if she won't return them. If she still won't, then do just that: call the cops, or go in and file a report. Likely, they'll contact her and try to convince her to...
Q: How can i locate documentation from my personal bankruptcy? Chapter 7, No. 12-19404, Robert Oxley. it was in 2012.
Timothy Denison's answer
From your lawyer or go to the courthouse where you filed the bankruptcy and the request a copy. If you know anyone who has a pacer.gov account, they can get if for you on line.
From your lawyer or go to the courthouse where you filed the bankruptcy and the request a copy. If you know anyone who has a pacer.gov account, they can get if for you on line.
Q: Can child protective services take your child from you in the hospital based on previous history?
1 Answer
| Asked
in
Adoption, Child Custody, Civil Litigation and Criminal Law
for
Pennsylvania
on
Answered on Apr 20, 2018
Answered on Apr 20, 2018
Cary B. Hall's answer
I don't believe so - at least I've never heard of such a thing. It's not like hospital delivery rooms have a board in the hallway with pictures of folks saying, "Don't let any of these parents leave with their babies." Like some stores have on cash registers ("Don't let this person write a check.").
Best of luck -- and do better this time.
I don't believe so - at least I've never heard of such a thing. It's not like hospital delivery rooms have a board in the hallway with pictures of folks saying, "Don't let any of these parents leave with their babies." Like some stores have on cash registers ("Don't let this person write a check.").
Best of luck -- and do better this time.
Q: Is it legal to move out at 16 into a family member's house?
Kathryn Hilbush's answer
If you are 16 and not legally emancipated, your parents can require you to reside where they choose, not where you choose. However, if everyone can make a friendly agreement for you to live elsewhere, then you can.
If you are 16 and not legally emancipated, your parents can require you to reside where they choose, not where you choose. However, if everyone can make a friendly agreement for you to live elsewhere, then you can.
Q: Should/can I file for an emergency custody order?
Kathryn Hilbush's answer
I think more information is needed before you can make a decision on this. For example, were the police involved? I assume your son wasn't harmed. Have his parents ordered you ex out of their home? I suggest that you obtain more details and then make an appointment with an experienced family law attorney in your area to discuss the facts and your options.
I think more information is needed before you can make a decision on this. For example, were the police involved? I assume your son wasn't harmed. Have his parents ordered you ex out of their home? I suggest that you obtain more details and then make an appointment with an experienced family law attorney in your area to discuss the facts and your options.
Q: What are the consequences for a school that begins to promote a specific religion?
Jennifer Price's answer
It depends on the type of school. There can be significant consequences if this is a public school.
It depends on the type of school. There can be significant consequences if this is a public school.
Q: When on workmans comp how do they calculate the wages paid? Is it current wages or last years wages.
Glenn Neiman's answer
Generally speaking, if you have been employed for at least a year before the injury, your wages from the year prior to the injury are what is used. Again, generally, the wages from the year prior to the injury are divided into four quarters and the top three quarters are averaged. This gives your Average Weekly Wage (AWW). From there, the compensation rate is calculated. Since mistakes are often made by the workers' compensation insurance carrier in this area, it is always a good idea top...
Generally speaking, if you have been employed for at least a year before the injury, your wages from the year prior to the injury are what is used. Again, generally, the wages from the year prior to the injury are divided into four quarters and the top three quarters are averaged. This gives your Average Weekly Wage (AWW). From there, the compensation rate is calculated. Since mistakes are often made by the workers' compensation insurance carrier in this area, it is always a good idea top...
Q: If PFA expires on 04/20/18 will defendant be allowed back to normal activity as of THAT DAY or the day after?
Kathryn Hilbush's answer
If this is a question about a PFA in CT, I can't answer it because it somehow ended up going out to the PA attorneys. That's a good question and, frankly, I wouldn't advise a client to take any action contrary to the PFA until after 4/20/18. That one day matters little when compared to a possible misunderstanding of the expiration date and a possible arrest for contempt, even if ultimately proven to be in error. I strongly urge you to discuss your overall situation with an experienced family...
If this is a question about a PFA in CT, I can't answer it because it somehow ended up going out to the PA attorneys. That's a good question and, frankly, I wouldn't advise a client to take any action contrary to the PFA until after 4/20/18. That one day matters little when compared to a possible misunderstanding of the expiration date and a possible arrest for contempt, even if ultimately proven to be in error. I strongly urge you to discuss your overall situation with an experienced family...
Q: Is a marriage legal if a previous spouse has not been served divorce papers? What should the previous spouse do?
Kathryn Hilbush's answer
She should have been served divorce papers although, even now, there are probably ways to circumvent the process. I don't practice in either Texas or North Carolina and so can't give you advice about the laws and procedures in either state. What I would generally suggest is that you check the court dockets for every county in both states where he resided to see if either your daughter's or his name comes up. If neither does, then see if there's any way to acquire a copy of his marriage license...
She should have been served divorce papers although, even now, there are probably ways to circumvent the process. I don't practice in either Texas or North Carolina and so can't give you advice about the laws and procedures in either state. What I would generally suggest is that you check the court dockets for every county in both states where he resided to see if either your daughter's or his name comes up. If neither does, then see if there's any way to acquire a copy of his marriage license...
Q: What happens if neither party shows up for a child support hearing ?
Kathryn Hilbush's answer
I can't say for Philadelphia County but usually in Delaware County the case is dismissed.
I can't say for Philadelphia County but usually in Delaware County the case is dismissed.
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