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Pennsylvania Arbitration / Mediation Law Questions & Answers

2 Answers | Asked in Arbitration / Mediation Law, Child Custody, Divorce and Family Law for Pennsylvania on

Q: In PA, can a non-custodial parent seek partial custody post divorce?

Dad did not seek custody in the divorce and now would like to have at minimum a parenting plan in place. Mom frequently withholds visits, facetime appts under the guise of the child isn't interested.

Cary B. Hall answered on Mar 20, 2019

Absolutely yes.

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2 Answers | Asked in Arbitration / Mediation Law for Pennsylvania on

Q: Can you send a family member to represent you in arbitration court?

I've been served a summons for arbitration court. Am I allowed to send a family member to represent me? I do not want to go to court and cannot afford a lawyer.

Thomas A. Grossman answered on Feb 28, 2019

Only if the family member is part of the claim or lawsuit. I don't know which court you are talking about, but you don't have to hire a lawyer to represent you in an arbitration proceeding. Of course, it is better to have a lawyer with you. If you are not part of the claim or lawsuit, then the... Read more »

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1 Answer | Asked in Arbitration / Mediation Law and Land Use & Zoning for Pennsylvania on

Q: Recently my Home Owners Association created a Resolution that limits my freedom of speech.

AND NOW BE IT RESOLVED, that only Board Members or the Board’s agents may use the names, addresses, phone numbers or email addresses of homeowners for correspondence activities. Should any unauthorized individual use the contact information of homeowners on his/her own, a $50.00 fine may be... Read more »

Timur Akpinar answered on Oct 23, 2018

The HOA could make the argument that their resolution is in place for the protection of privacy, not the infringement of First Amendment rights.

Tim Akpinar

Q: .my husband caused me to be permanently disabled and collects 100% VA and SSDisability which is 5000 a

I recieve 750..he abandonded me 15 mos ago left all the bills ..wilfily neglected ..wilfuly refused help.was abusive.im now at my daughtets i couldnt afford to stau in my home.Can his va compensation be garnished for alimonu and can he be charged criminally

Cary B. Hall answered on Jul 31, 2018

If he caused you injuries, then yes - he can be criminally charged, and also sued in civil court for money damages. You may also be entitled to alimony in a divorce case as well -- it depends on all sorts of factors, most of which are monetary. It's probably worth a shot.

Best of luck to...
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2 Answers | Asked in Arbitration / Mediation Law, Bankruptcy and Consumer Law for Pennsylvania on

Q: Can I sell my home if I just received papers for arbitration

I am in the process of selling my home closing is set for July 10 I received paperwork on June 30 for arbitration I had no notice and will not be prepared should I request a continuance can they put a judgment against me or stop the sale of my house if no court order has been issued yet what are my... Read more »

Thomas A. Grossman answered on Jul 1, 2018

I am not a Bankruptcy Lawyer, and what you describe going on does not sound like it has to do with Bankruptcy. It sounds like you have a real estate problem, and the other side has asked for Arbitration. It appears that you are in Philadelphia, while I am in California. So, the law is different... Read more »

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1 Answer | Asked in Arbitration / Mediation Law, Divorce and Family Law for Pennsylvania on

Q: husband refusing to sign divorce papers after being separated for three years.

hes refusing to sign, there is no custoday order. hes been an inmate in jail for three years and still is. he filed to have assets gone thru. we have none. my sttorney quit on me because i dont have money to hire the court person to go thru assests. what happens if my husband and i dont do anything... Read more »

Kathryn Hilbush answered on Feb 9, 2018

It depends. Sometimes the counties will go through old files that have been inactive for a long time and send a notice that the cases are being terminated. If your lawyer hasn't actually officially withdrawn from the case, though, the notice will likely go to that office instead of you. Check with... Read more »

1 Answer | Asked in Arbitration / Mediation Law, Divorce and Family Law for Pennsylvania on

Q: When I filed for divorce, the lawyer wrote the incorrect separation date. Can I change the date to the day I filed?

How does one do this?

Kathryn Hilbush answered on Jan 25, 2018

That's a possibility. Perhaps you should discuss this further with your attorney. There may have been a very good reason why that date was selected.

1 Answer | Asked in Arbitration / Mediation Law, Child Custody and Family Law for Pennsylvania on

Q: How can I obtain a passport for my child that was legally agreed upon during mediation?

My child's father and I went to family court to have an agreement put in place a year ago regarding international travel and obtaining a passport for her. He agreed that for two weeks out of the year I am able to take her abroad with me and that he will not refuse the right to a passport for her. I... Read more »

Lisa Marie Vari answered on Dec 12, 2017

Presuming you left mediation with a written consent custody agreement stating that father will cooperate in obtaining the passport, you have to file for enforcement of the order to force him to comply. The court also has the authority to impose sanctions on father for his non-compliance if it... Read more »

1 Answer | Asked in Real Estate Law, Arbitration / Mediation Law, Landlord - Tenant and Probate for Pennsylvania on

Q: How to get my sisters name off our deed?

Before our mother passed, she put the deed into mine and my sisters name. My sister hasn’t resided there since our mother passed, she lives elsewhere in the county, she doesn’t get mail at the address, she doesn’t help with upkeep of property nor does she pay any of the taxes. We no longer... Read more »

Mark Scoblionko answered on Nov 15, 2017

As a co-owner, your sister is responsible for half the taxes and other municipal charges. She is also responsible for half the improvements. However, since you live there, she has the right to receive rent. Possibly, if you were to contact a lawyer and sue her, she would surrender and give you a... Read more »

1 Answer | Asked in Family Law and Arbitration / Mediation Law for Pennsylvania on

Q: I'm taking my husband for spousal support. We r separated and i have a PFA. An incident happened to me when I arrived at

Domestic Relations the caseworker told my husband that I was being arrested when I was in fact not and the incident that happened is she legally allowed to do that

Kathryn Hilbush answered on Oct 5, 2017

This is a bit confusing. I wonder if there isn't a misunderstanding of what the DR worker said. How do you know what she told your husband if you have a PFA against him?

1 Answer | Asked in Consumer Law, Contracts, Arbitration / Mediation Law and Civil Rights for Pennsylvania on

Q: I once signed up for a credit card with Wells Fargo and apparently signed away my right to sue them until the end of tim

I no longer have a relationship with Wells Fargo, I closed my accounts in good standing, but the mortgage agreement Arbitration Clause was written such that it "survives" any particular contract I ever signed with Wells.

I wish to no longer have any connection whatsoever to Wells Fargo, and... Read more »

Peter N. Munsing answered on Sep 28, 2016

If you don't have a mortgage agreement I see no need to worry if they in theory have one. All your business with them is done.

1 Answer | Asked in Real Estate Law and Arbitration / Mediation Law for Pennsylvania on

Q: If Pennsylvania court orders arbitration of case involving title to real property, should I seek Writ of Prohibition?

In a Pennsylvania case seeking monetary damages wherein the Complaint's allegations involve title to real property, the Judge has ordered the case to compulsory arbitration despite the statute's bar against sending cases to compulsory arbitration that involve title to real property. Should I ask... Read more »

Mark Scoblionko answered on Aug 16, 2016

You need to have the matter evaluated by a lawyer, who could them advise you what to file and where to file it.

Q: I am the administratrix of my late brother's estate. My nephew, heir to the estate does not want the property. He ...

turned 18 in March. Is there any way I can have my nephew sign a paper to say that, in effect and amongst other things, he will sign off on the property and not go back on his word (when I am ready to go to a title company)? It will cost close to $4000 to transfer title (which includes PA's 4... Read more »

Mark Scoblionko answered on Jun 27, 2016

Your nephew could renounce the gift of the property, and it would then pass by intestacy, since your brother did not have a Will. If that would occur, the property would pass to the intestate heirs. I assume that the nephew's mother was not your brother's wife. If she was a wife, even if they... Read more »

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